Restraint of Trade: HRX Holdings Pty Ltd v Pearson [2012] FCA 161

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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Unfair Dismissal: Gillies v Downer EDI Ltd [2011] NSWSC 1055

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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Unfair Dismissal: Khiani v Australian Bureau of Statistics [2011] DCAFC 109

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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Identifying a Workplace Bully

It has been estimated that one in thirty people, both male and female, is a bully. Whilst the term “bully” can cover a number of different personality disorders, there are a number of behavioural traits which are said to be common to the workplace bully. As well as looking at these behaviour traits, we will also discuss whether there are ways to avoid recruiting bullies into your organization.

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