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Court to weigh lawyer's "50km radius" restraint clause

A court has refused to grant an interlocutory injunction restraining a lawyer from working in a large regional area while his former firm seeks to enforce a contractual two-year ban, instead accepting an undertaking after observing the legal practice did not have a strong case.

IR legal expert predicts "explosion" in sham contracting

A leading IR law academic says that high casual employment is an entrenched "cultural problem" that needs a solution and that there is likely to be an "explosion" in sham contracting if the Government fails to address last year's High Court rulings in Jamsek and Personnel Contracting.

Menulog backs broad gig worker regulation

Menulog has followed the lead of DoorDash and Uber in signing a charter with the TWU supporting federally legislated minimum rights and a disputes mechanism for gig delivery workers, but now also supports the new Minns NSW Labor Government's ambition to introduce state-based legislation.


Deliveroo demise dashes gig driver's "test case"

The Federal Circuit Court is set to dismiss an a bid to determine whether a former Deliveroo food delivery driver is a casual employee or a contractor, following the company's decision last year to cease operations in Australia.

Burke lays out year's IR agenda

The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.

FWC rules director an independent contractor

In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".

Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.

Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.

No basis for manager's lockdown pay cut: Tribunal

A 20% pay cut imposed on a general manager while his employer shut its doors due to COVID-19 restrictions breached his contract and did not qualify as a JobKeeper-enabling direction, WA's IRC has held.