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US state law invoked in successful restraint case

The WA Supreme Court has tested how an employment agreement stacks up under US state law before granting an American company an interlocutory injunction restraining a former Australian employee from working for his new Perth employer.

Employer faces penalties after misrepresentation ruling

A court has found an employer underpaid a worker by more than $230,000 because it "recklessly disguised the true legal nature" of a 20-year-plus employment relationship by classifying him as an independent contractor.

Airtasker says its bidders not employees

The Airtasker online jobs marketplace has told a Senate inquiry that it does not check whether those bidding for work are independent contractors.

Seven West says Harrison breaching deed, employment contract

Seven West Media is today seeking to permanently gag former executive assistant Amber Harrison, arguing that by disclosing company information and discussing her affair with chief executive Tim Worner she is breaching not only a settlement deed but continuing obligations under her contract of employment.

CIO's $500,000 payout after unhonoured verbal deal

Victoria's Court of Appeal has awarded a chief information officer more than $477,000 because his employer failed to honour a verbal agreement about his entitlements.

Independent contracting arrangement a façade: FWC

The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.


CFO's restraint clause too broad: Court

Restraint of trade clauses preventing a chief financial officer from jumping ship and working at a rival fashion retailer were broader than what was reasonable to protect the employer's legitimate interests, a court has found.

Consulates can't circumvent Australian IR laws: Court

An appeal by an Italian consulate over disputed annual leave and superannuation entitlements has failed after a court ruled it was not immune from proceedings brought under Australian law.