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Swaab Attorneys
 
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Level 1, 20 Hunter Street
Sydney
NSW 2000
Australia
By Simon Obee, Richard Ottley
Courts will, and frequently do, prevent former employees from acting in breach of their contractual restraints.
By Simon Obee, Richard Ottley
Paying an annual salary does not avoid a need to comply with terms of the award dealing with non-monetary entitlements.
By Simon Obee
Probationary periods are not concepts recognised by the unfair dismissal provisions in the Fair Work Act 2009.
By Simon Obee, Richard Ottley
The approach courts would take is to look at the relationship as a whole to determine the contractor/employee conundrum.
By Simon Obee, Richard Ottley
Oral contracts – verbal agreements as to how much an employee is paid, or his duties at work – can be binding at law.
By Simon Obee
As well as an appropriate policy, any employees must be given at least 14 days' written notice of computer surveillance.
By Richard Ottley
There should be cogent business reasons for the use of these contracts (other than to avoid unfair dismissal claims).
By Eric Ziehlke
Parallel importation may not be an infringement of the trade mark rights of an overseas manufacturer in Australia.
By Cecilia Rose
The NSW Government has now released a draft Bill for concept proposals, in response to this Bay Simmer decision.
By Cecilia Rose
A more careful examination of conditions of development consent is required and the term 'Applicant' should be avoided.
By Cecilia Rose
This case conformed that it is not necessary to have a building ready for occupation to classify it as "residential".
By Cecilia Rose
The case confirms it is reasonable for the easement to be registered before the operation of the development consent.
By Cecilia Rose
This case related to the acquisition of land for the construction of the St Peters Interchange section of 'Westconnex'.
By Simon Obee, Richard Ottley
There is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad.
By Richard Ottley, Simon Obee
It highlights the enforcement actions it has taken against franchisors for breaches of the Franchising Code of Conduct.
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