Australia: Post employment restraints can be abroad and still upheld

It is often the perception of employers that post employment restraints are not an important aspect of employment contracts. Nothing could be further from the truth. Post employment restraints that restrict employees from undertaking work for clients whether personally or as employees of a third party are regularly upheld by courts.

Recently, a restraint that was put in place by an employer prohibiting an employee from working anywhere in Australia in their industry was upheld […]

By | April 30th, 2014 ||

Dismissal: This Really Is The Final Straw

What’s the “final straw”?
Where an employer commits a fundamental, breach of contract, an employee has the right to resign and claim constructive dismissal. For some years now it’s been a well-established legal principle that, in order to do this, the employee does not have to rely on a single event or incident. They can resign and claim constructive dismissal where the last in a series of acts or incidents is the final straw.
It can […]

By | April 28th, 2014 ||

New Georgia Law Helps Protect Employers From Negligent Hiring And Retention Claims

On April 13, 2014, Georgia’s governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a “Program and Treatment Completion Certificate” (the “Certificate”)1 or the State Board of Pardons and Paroles grants a pardon (as defined by applicable law) to an ex-offender, an employer will be presumed to have exercised due care in hiring, retaining, or otherwise […]

By | April 20th, 2014 ||