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Well written contract protects employer from competitor

A restraint clause in an executive’s contract of employment has provided an employer an additional 3 months protection from competition after the employee resigned to take up a job offer with a direct competitor. Facts On 1 August 2016 the NSW Supreme Court handed down its decision in a case brought on by port operator, DP World, against its for mer GM Operations, Port Botany, Mr Guy, who had resigned to take up a similar role at the same port location, with its direct competitor Patrick Stevedores, a subsidiary of Asciano. Fortunately, DP World’s contract of employment with Mr Guy was well drafted, and accordingly, when Mr Guy handed in his resignation he was placed on 3 months ‘gardening l

Australian wage growth hits 20 year low

Growth in wages for Australian employees in the private sector have firmed at the sub 2% level for the first time in two decades. Latest figures from the Australian Bureau of Statistics show private sector wages growth at just 1.9% for the 12 months to June 2016, after a rise of just 0.4% in the last quarter. The sub 2% rate of wages growth compares with a rate of 2.5% two years ago. For those private sector employers with staff working under enterprise agreements, the comparable rate of wages growth remains just below 3%. Wages growth in the public sector remain over 2%, decreasing from 2.5% to 2. 3% over the last 12 months.

Removal from list of casuals not a dismissal

In a decision handed down on 28 July 2016 the IRC Full Bench needed to decide if the removal of a casual from a list maintained by an employer constituted dismissal. The casual health worker had his name removed from a list of eligible employees after being unable to work for a period of time due to a workplace injury, for which workers’ compensation liability had been eventually accepted. Facts Mr Alex Charles worked as a casual at Lismore Base Hospital from March 2010, and in 2011 made a protected disclosure to the ICAC. After it was dismissed, Mr Charles complained of being subjected to a campaign of bullying and harassment over 2012-2013. He went off on workers’ compensation from August

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