Restraint of Trade and Cascading Clauses: How It All Came Tumbling Down!

spectacular-waterfalls-0068The recent decision of Victoria’s Court of Appeal in Just Group Limited v Peck [2016] VSCA 334 (20 December 2016) is a timely reminder to exercise care when drafting restraint of trade clauses.

Even when “cascading” provisions are used, parties should not expect the court to do the work of making an agreement for them.

The case concerned a restraint imposed by Just Group Limited to prevent its CFO, Ms Peck from joining a competitor, Cotton On. Continue reading

A Casual Look at Casual Employment

Did you know that there are over 30 subtly different definitions of “casual” employment in Australia’s modern awards; and that casual employment is either not recognised as an employment type, or not permitted, in eight awards?

The traditional “engagement by the hour” remains a requirement in order to satisfy the definition in ten of them.

No wonder we are often left scratching our heads!
Teacher 3

Andrew C. Wood