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The duty to keep trade secrets confidential can extend well beyond the traditional employer/employee relationship to include third party contractors, as Mary Still, Timothy Webb and Dean Gerakiteys explain.
10 May 2012
Fair Work Australia recently delivered its first Full Bench decision on the provision in the small business code allowing summary dismissal for serious misconduct including theft, fraud, violence and serious OHS breaches.
1 May 2012
An employee has done something wrong - or knows about another employee's misconduct. Do they have to tell you? Dan Trindade looks to a recent case for some guidance.
26 Apr 2012
Two recent decisions in Fair Work Australia shed light on the tribunal's approach to unfair dismissal cases.
16 Apr 2012
In Newlands Coal Pty Ltd v CFMEU [2010] FWA FB7401, Newlands lodged an appeal in response to Commissioner Roe's first instance decision to refuse approval of the Newlands Coal Surface Operations Enterprise Agreement 2010 which contained an opt-out clause. However, Commissioner Roe's decision was overruled by the Full Bench of Fair Work Australia (FWA) in November 2010. In that instance, the majority of the Full Bench upheld the validity of the "opt-out" clause.
16 Apr 2012
