Where an employee engages in conduct that an employer considers not only justifies dismissal but warrants summary dismissal, it is important to consider whether summary dismissal could make the termination harsh, unjust or unreasonable.
It is understandable that a company headhunting prospective employees may be inclined to make statements that suggest working for their organisation will be lucrative. However, a company should exercise caution when making statements about its financial position and conveying forecasts about its future profitability and job security. This is especially important when recruiting high-level employees whose remuneration is not fixed and depends on the profitability of the company.
TweetIn a recent case before the New South Wales Supreme Court, an employer has been successful in securing an injunction against an employee. The employee has been restrained from departing from his contractual obligations until 11 September 2016. Facts The case of BCG Partners (Australia) Pty Ltd v Hickey  NSWSC 90 involved a senior […]