Courts are increasingly willing to enforce long restraint periods on employees who have joined a business via merger or acquisition, an employment lawyer says.
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In the latest development of a case that tests the boundaries of on-hire employment relationships, a worker is claiming host employer BHP took adverse action against her, and the Federal Court has ordered it to accept her back on the site until the matter is decided.
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Recruitment industry executives are being warned to brush up on their understanding of contractual restraints, as January sees a spike in the number of recruiters moving between agencies.
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A buoyant recruitment market means more staff moving between agencies and a rise in restraint-related disputes, but it is becoming increasingly difficult for businesses to prove when recruiters have breached their contracts, an employment lawyer warns.
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• NAB ditches resumes for volume hiring
  
• Closing the gender pay gap starts at recruitment
  
• Little movement in CEO salaries
  
• Costs ordered against recruiter accused of restraint breaches
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• Costs ordered against recruiter accused of restraint breaches
  
• NAB ditches resumes for volume hiring
  
• Closing the gender pay gap starts at recruitment
  
• Bassat knocked from top 10 highest paid ASX-listed execs
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WorkPac has clocked another win in its case against a former manager accused of breaching her post-employment restraints, with her defence claim struck out for being too wordy and argumentative.
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Post-employment restraints don't "survive" termination "in all circumstances, and for any reason", an appeals court has ruled.
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• Wellington opens door to Australian tech talent
  
• Talent management software company plans IPO
  
• Most Australians open to sharing-economy work
  
• Recruitment agency and supplier moves and news
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WorkPac has won an injunction against a former manager who allegedly took its clients and transitioned temps after resigning to start her own business.
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A recruitment company has won a court injunction barring an on-hire employee from working for another agency on the same client panel for 12 months.
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A recruitment company has won a court injunction barring an on-hire employee from working for another agency on the same client panel for 12 months.
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• Interviews blamed for poor cultural fit
  
• Small lift in ManpowerGroup's Australian revenue
  
• Court finds "very broad" restraint clause unreasonable
  
• Reference checking demand grows
  
• Rision restructures, appoints interim CEO
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Randstad breached its contractual restraints when it continued to recruit healthcare roles after selling its healthcare recruitment business, a court has ruled.
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Randstad is facing legal action after allegedly breaching restraints of the sale of its healthcare recruitment business.
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