Enforcement page 1 of 3

27 articles are classified in All Articles > Individual contracts > Enforcement



Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.

Sustainability chief makes $800,000 adverse action claim

A former chief sustainability officer is suing a major property group for more than $800,000 – including a retention payment – in an adverse action case accusing it of dressing-up a post-takeover redundancy as a dismissal to avoid paying his full entitlements.

Tech giant can't retrospectively cap sales commissions: Court

Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.

Employers step up campaign to quash FWC bench decision on BOOT

Queensland employers facing millions of dollars in backpay claims are calling on the Federal Court to quash an FWC full bench decision that apprentices' pay should be measured against the more generous federal award rather than the state award when conducting the BOOT.

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.

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.


Employer pays for "puzzling" failure to dismiss worker

An accountant suspended and sent on "home leave" for his failure to honour a sale of business transaction and misdirecting company funds will receive seven months' salary because his employer failed to formally dismiss him, the Victorian Supreme Court has found.

Retailer fails to block law firm acting in restraint case

Fashion retailer Just Group has failed to restrain its former chief financial officer from engaging lawyers once retained by competitor Cotton On, amid claims its rival is funding her defence to gain access to commercially sensitive material.