Alistair Macpherson Restraint of Trade: Valid or Void? Which of the following interests take precedence in the context of an employer seeking to restrain a former employee? The interests of an employee in being able to earn a living by using his or her legitimately obtained skills, experience and knowledge; The interests of the public in being … Read more
With the increasing prevalence of smart phones and other electronic devices, the recording of conversations in the workplace or school yard is becoming common practice. In many cases, it is legal for private conversations to be recorded without the knowledge of all participants. There is no obligation to obtain the prior consent of the other … Read more
Quite frequently, an employer has valid reasons to believe an employee is requesting sick or personal leave without a legitimate reason for it. The recent Full Federal Court of Australia decision involved a dismissal of an employee following a period of sick leave. The Facts Mr Byrne applied for annual leave on 24 and 25 April … Read more
The following is a PowerPoint presentation delivered by Alistair Macpherson for school counsellors at a School Law workshop. Adapted for the World Wide Web. What is Consent? Affirmative and explicit acceptance by word or conduct; not merely an absence of objection (Bell v Alfred Franks & Bartlett Co Ltd [1980] All AR 356 Not necessarily … Read more
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