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News Alerts
Employers warned to review employment contracts as courts narrow view on restraints of trade
Restraint conditions should be tailored for individual employees to avoid litigation
Sydney 20, December 2010 – With the end of the year approaching and many businesses finalising employee remuneration and bonus payouts, employers are urged to use this opportunity to update their employment contracts, particularly provisions applied to confidential information and restraints of trade, which may be either unsatisfactorily drafted, or out of date, according to Harmers Workplace Lawyers.
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Social media changing the game, but not the rules, for employers
With social media increasingly infiltrating the workplace, employers must introduce appropriate procedures to avoid litigation in this area.
Sydney, 24 November 2010 – Employers that take disciplinary action against an employee for posting damaging or inappropriate comments on social media sites such as Facebook can face legal – and potentially costly – ramifications if they do so without following basic workplace laws and procedures.
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Employers ‘overdue’ to review paid parental leave policies and employee contracts

15 November 2010
– With Australia’s first statutory paid parental leave scheme now in place and compulsory employer handling of payments pending, leading Australian workplace law firm Harmers Workplace Lawyers says companies should undertake a comprehensive review of their employee contracts, parental leave policies and practices to ensure a smooth transition and incorporation of the new scheme, and to make sure it does not place the employer at risk legally and/or commercially.
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‘Golden handshakes’ lose their shine - employers encouraged to review termination payments
4 November 2010 – With the first anniversary of Corporations Amendment Act (2009) just around the corner, employers are being encouraged to review their executive employment contracts to ascertain if potential termination payments may be over the legal threshold and where shareholder approval is required, according to Harmers Workplace Lawyers.
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Allco employee case win after two-year legal battle

28 October 2010The Federal Court of Australia has this morning handed down its decision in a two-year long matter involving the receivers of the former finance company Allco Finance Group, and 50 of its former employees seeking to recover employee entitlements.
Shana Schreier-Joffe, Managing Partner of Harmers Workplace Lawyers, the firm acting on behalf of the 50 employees, said, “This case and ultimate decision is important as it has potentially significant implications for corporate groups who employ their employees through service company arrangements...
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Employers urged to conduct due diligence on employment contracts as M&A activity re-emerges
Retrenched staff may not be entitled to a redundancy payment
15 September 2010 – With an expected return to merger and acquisition (M&A) activity on the horizon, Harmers Workplace Lawyers suggests employers do their due diligence and examine employees’ contractual entitlements closely or risk paying thousands of dollars in unexpected entitlements.
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Harmers announces Shana Schreier-Joffe as new Managing Partner
31 August 2010 Harmers Workplace Lawyers is delighted to announce the appointment of Shana Schreier-Joffe as the firm’s new Managing Partner.
Ms Schreier-Joffe is a long-standing partner at Harmers and one of Australia’s leading workplace lawyers with extensive experience across all areas of workplace law. She has acted as lead partner for a number of high-profile discrimination cases, and this year led the major case regarding Allco employee entitlements.
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Taser incident shines spotlight on workplace bullying
Harmers Workplace Lawyers warns even isolated incidents can take a heavy toll, threatening viability of businesses and employee wellbeing
Sydney, 9 August 2010 – Harmers Workplace Lawyers says recent reports of alleged workplace bullying in a Western Australian police station are bringing the important topic of bullying to the forefront once again, and Australian businesses could suffer increasingly severe consequences if they fail to do more to reduce the occurrence of such incidents.
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General protections provisions are being widely applied with claims on the increase
Employer responses to commonplace employee requests can bring provisions into play
21 July 2010 – General protections provisions are being widely accessed by employees, with recent court decisions demonstrating the breadth of the provisions and the coercive powers available to protect employees who have exercised an employee right, according to Harmers Workplace Lawyers.
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‘Above award’ pay does not immunise employers from Modern Award obligations
Employers still largely unaware how new modern awards will apply to their employees
29 June 2010 – Many employers risk liability for back-pay and penalties following the implementation of the Modern Awards under the new Fair Work Act because they have mistakenly assumed that if they pay above award rates or salaries other award obligations, such as leave loading, overtime, and penalty rates will not apply to their business, according to Harmers Workplace Lawyers.
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Shift in ‘anti-dobbing’ culture required to reduce workplace bullying and harassment
Employee policies should foster an open and accountable workplace while avoiding creation of a ‘culture of complaint’
Sydney, 28 April 2010 – Australia’s ingrained ‘anti-dobbing’ culture may be hindering efforts to stamp out workplace bullying and harassment, which remains a serious issue for Australian businesses, according to Harmers Workplace Lawyers.
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Reinstatement of dismissed employees under Fair Work Australia presents operational challenges for business

Wednesday, 10 March 2010 – Under the newly implemented Fair Work legislation, the reinstatement of unfairly dismissed employees is now not only more likely than before, but a recent far-reaching reinstatement order from Fair Work Australia demonstrates the significant operational issues employers could face, according to Lesley Maclou, Partner at Harmers Workplace Lawyers.
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