Stevedore DP World Australia (‘the Plaintiff’) has won a recent legal battle to protect trade secrets after the Supreme Court of NSW upheld a restraint of trade provision the Plaintiff imposed on a former employee. The Plaintiff’s former terminal manager Bruce Guy (‘the Defendant’) was ordered to serve out a three month garden leave period […]
Procedural errors render dismissal unjust
A recent Fair Work Commission (‘FWC’) decision has demonstrated the importance of procedural fairness in dismissal proceedings. Platypus Shoes Pty Ltd’s (‘the Respondent’) store manager, Mr Jimenez (‘the Applicant’) was dismissed for serious misconduct on 9 October 2015. The allegations against the Applicant included the following: Misuse of a 20% immediate family discount on shoes […]