General Employment

File sharing and copyright infringement in the work place

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Written by Helen Carter | 14 March 2012
Posted in General Employment

Recently, much attention has been drawn to the issue of file sharing and copyright infringement. Legislation has been suggested in many places that targets “pirates” who illegally download and share multimedia such as music and films.

This gives rise to the question - Who is legally responsible for what an employee downloads or shares using a work computer, internet connection or other hardware?

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Employee restraint: Protecting your business interests

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Written by Helen Carter | 14 March 2012
Posted in General Employment

When valuable senior employees resign, carrying with them all their accumulated knowledge and experience with the company, employers may find themselves caught between a rock and a hard place. How best to protect the company’s interests is a vital question which arises.

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Senior executive found to have not engaged in misconduct and awarded damages

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Written by Jennifer Sant | 31 October 2011
Posted in General Employment

The NSW Supreme Court has found EDI wrongly dismissed its managing director on the grounds of misconduct and denied him a substantial bonus.

The company dismissed the managing director following a fall in profits of the company however later claimed that he had been dismissed due to alleged misconduct, based on evidence it had discovered after he left its employment.

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Retrenched executive is allowed to keep a “mistaken” redundancy payment

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Written by Jennifer Sant | 31 October 2011
Posted in General Employment

A company which mistakenly paid its national operations manager a $27,000 severance payment, believing it was require do so under an award, has failed in its attempt to recoup the money.

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Employee dismissed while absent from work because of illness fails in adverse action claim

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Written by Jennifer Sant | 31 October 2011
Posted in General Employment

The Federal Court of Australia has dismissed an adverse action claim on appeal (Khiani v Australian Bureau of Statistics [2011] DCAFC 109), finding that the fact that there was a temporal connection between the taking of leave by an employee and the taking of disciplinary action against the employee did not necessarily mean that there was a causal connection.

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