United States: U.S. Supreme Court Asked To Grant Writ In Iskanian

Last June, the California Supreme Court in Iskanian v. CLS Transportation, 59 Cal. 4th 348, decided that the waiver of class action participation in an arbitration agreement was enforceable, but the waiver of a representative action under the Private Attorneys General Act (“PAGA”) was not. This later carve-out for PAGA, based on what the Court deemed “public policy,” was very troubling to employers who fear, with good reason, that PAGA will now become the […]

By | December 8th, 2014 ||

Australia: Restructuring the business? Tips to reduce the pain dividend

If you’re planning on making structural changes which may result in an employee’s role no longer being required, don’t forget to address your obligations around redundancy.

Those obligations may be found either in the Fair Work Act, a contract of employment, or any award or enterprise agreement applying to your employees.
When is redundancy pay due?
Under the Act, unless you’re a small business employer, an employee with more than 1 year’s continuous service is entitled to […]

By | December 7th, 2014 ||

Australia: How can a footballer walk out on an employment contract?

Paddy Ryder has been in the news lately. Not just because of his talent but because of the drama surrounding his recent move from crisis-plagued Essendon to current AFL darling, Port Adelaide.

Ryder’s actions have been of keen interest to football fans and lawyers alike as we try to understand how an employee, in this case a footballer, can be allowed to walk out on a contract mid-term.
Background
In mid-2012, Ryder entered into a four year […]

By | December 7th, 2014 ||