Can employer ban an employee from having another job? The end

Yesterday, we established that as a general rule Australian common law will uphold an employment contract which contains a prohibition…

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Conflicts of interest in employment law

I often come across the issue whether an employee has a relevant conflict of interest which is a legitimate point…

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Standing down employees

There is no common law right which Australian employers have to stand down an employee or employees without pay during…

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When will disobedience to an instruction justify dismissal?

Employers have the common law right to issue a lawful and reasonable direction or instruction to an employee, who will…

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When will a refusal to comply with an employer’s instruction be a valid reason for dismissal?

When will a refusal to comply with an employer’s instruction be a valid reason for dismissal? “Valid in this context…

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The implications of employer policies and directions for valid reason for dismissal

Valid in this context is generally considered to be whether there was a sound, defensible or well-founded reason for the…

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Management prerogative explained

The general principles in relation to managerial prerogative were considered by Vice President Lawler in Construction, Forestry, Mining and Energy…

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Lawful and reasonable instructions; employers need not be logical

The determination of reasonableness does not require an employer to demonstrate that the direction issued was the preferable or most…

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Can an employer require an employee to prove physical fitness for work?

“The issue whether or not it is reasonable for an employer to direct an employee to provide medical evidence regarding…

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Hush hush; employer’s secrets must be kept

In Ziogas v Telstra Corporation Ltd (2010) FWAFB 2664 the Full Bench held that the deliberate but unauthorised disclosure by…

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