Category: Dispute Resolution

News

Be Alert: Clauses Restricting Trade in Employment Contracts
POSTED: 09 Aug 2022
Dispute Resolution
The Federal Court of Australia has recently handed down a decision which illustrates that a restraint of trade clause must be reasonable in order to be relied on by an employer.
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News

Recent Updates in the High Court Interpretation of Employment Contracts
POSTED: 25 Jul 2022
Dispute Resolution
The High Court of Australia has established that the terms stated within an employment contract, provided they cannot be lawfully challenged, are binding and override any adverse inferences to determine the nature of the relationship between the contracting parties.
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News

Congratulations Joshua!
POSTED: 05 Jul 2022
Dispute Resolution
Recently, Joshua Costlow from our Dispute Resolution department was admitted as a solicitor of the Supreme Court of New South Wales! From the Partners and Staff at Marsdens Law Group, a huge congratulations Josh! We can't wait to see what the future has in store for you at Marsdens.If you...
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News

Increase in Superannuation Rate
POSTED: 27 Jun 2022
Dispute Resolution
From 1 July 2022, the superannuation guarantee rate will increase from 10% to 10.5%.
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News

Can employers force their employees to relocate?
POSTED: 21 Jun 2022
Dispute Resolution
The Fair Work Commission has recently heard a dispute between an employee and his employer in which allegations were made by the employee that he had been unfairly dismissed for failing to relocate when required by the employer.
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News

Employees using their private vehicle for work duties: What employers need to know
POSTED: 26 Apr 2022
Dispute Resolution
Some employees use their private vehicle for work purposes. Whilst having employees use their private vehicles comes with many benefits, there are also a number of risks that businesses need to be aware of under the Work Health & Safety Act 2011 (NSW) (Act).
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News

7-Eleven’s ‘Lemon’ Franchise Model
POSTED: 13 Apr 2022
Dispute Resolution
The Federal Court of Australia has recently heard a class action against 7-Eleven following allegations that hundreds of franchisees were misled into entering into Franchise Agreements.
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News

Changes to the COVID-19 Commercial Lease Provisions - What you need to know
POSTED: 25 Mar 2022
Dispute Resolution
As part of the New South Wales government’s response to the COVID-19 pandemic, a number of provisions were bought in to assist landlords and tenants in managing those trying times.
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News

Employee or Independant Contractor, what's the difference?
POSTED: 07 Mar 2022
Dispute Resolution
The High Court has recently clarified that the terms of written contractual documents are critical in determining whether a person is an employee or an independent contractor. This is a significant development because different rights and obligations may flow depending on which of these categories a person fits into.
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News

Update on mandatory vaccination policies - Fair Work Commission weighs in on the issue
POSTED: 19 Jan 2022
Dispute Resolution
The decision of the Full Bench of the Fair Work Commission in Construction, Forestry, Maritime, Mining and Energy Union, Mr Mathew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 has raised questions about whether employers are entitled to introduce mandatory vaccination policies.
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