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The dismissal of three employees for sending pornographic emails over a work email system was unfair, despite the employees having clearly breached the employer’s policy.
Victorian Supreme Court considers interaction of employment policies and procedures and the employment contract
Non-compliance by the employer will not necessarily be found to constitute a breach of contract, even where an employment contract expressly incorporates policies and procedures.
The FCC has rejected two former Virgin employees’ claims that they were selected for redundancy because they had exercised workplace rights under the Fair Work Act 2009 (Cth).
Provision of accommodation is not 'payment' that may be withheld if protected industrial action is taken
The High Court of Australia has held that the provision of accommodation to employees does not constitute a ‘payment’ to those employees.
The Federal Circuit Court of Australia has refused to issue an interlocutory injunction to prevent an employee’s dismissal for making comments and criticisms on Twitter.
The Federal Court of Australia has issued fines totalling $1m to 117 construction workers who went on strike against Australian Industrial Relations Commission orders.
$100,000 payout for employee sacked for failing competency test while suffering from PTSD and depression
The Federal Circuit Court of Australia has awarded a train driver $100,000 after he was sacked while suffering from post-traumatic stress disorder and depression after a crash.
The Fair Work Commission has released a draft unfair dismissal practice note, which will be open for public consultation until 25 October 2013.
Enterprise agreement dispute resolution procedures must be carefully followed before going to the FWC with a complaint
The Fair Work Commission (FWC) has held that it did not have the jurisdiction to settle a dispute where the parties’ own dispute resolution procedures had not been followed.
In this alert we highlight some of the key messages for business arising from the government’s proposals.
Shanghai’s new Free Trade Zone boasts a number of firsts, not least the speed of its creation.
King & Wood Mallesons has released the winter edition of its AgriThinking publication, which includes articles on the rural sector in China and Australia.
On 2 July, the National Development and Reform Commission (NDRC) announced an investigation into the prices charged by 60 foreign and domestic drug makers.
On 1 August 2013, Shanghai Higher People’s Court made a final judgment on the Rainbow v Johnson & Johnson case.
With the changing political, social and regulatory environment in Myanmar, Chinese investors must consider new strategies to ensure the long-term success of their investments.
On 1 July 2013, the PRC Exit-Entry Administrative Law came into force. The law’s supporting regulation, the PRC Administrative Regulation of Entry and Exit of Aliens took effect on 1 September 2013.
This article considers the legality of non-compete clauses (NCCs) under the AML and the basic principles for the negotiation of NCCs in JV transactions.
With environmental pollution front and centre in the Chinese press, the government in Beijing has moved to address at least one aspect of the problem — soil pollution.
This article examines the coalition government’s alternative carbon policy — Direct Action — and some of its likely impacts on Australian businesses.
A surprising judgment in The Owners — Strata Plan No. 61288 v. Brookfield Australia Investments Ltd will rightly concern the construction industry in Australia.