Candidate ownership is "nonsense"
Lengthy ownership clauses that lock clients into terms and fees for directly employing candidates are effectively useless, according to a specialist lawyer.
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No damages for company harmed by two-timing manager
In a case that demonstrates the importance of backing up damages claims with strong evidence, an employer has failed to recoup lost income from a manager who started a rival business in "flagrant" breach of his employment contract.
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Gardening leave clauses trump restraints for non-compete compliance
Recruitment companies concerned about protecting their assets when key staff leave are increasingly opting for gardening leave clauses, rather than non-compete restraints, according to an employment lawyer.
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ANZ tips jobs slowdown in 2016; RCSA questions "distracting" labour hire inquiries; plus more
- Job ads up in November: ANZ
- RCSA critical of state-based labour hire inquiries
- Recruiter ratings platform coming soon
- News Corp invests in jobs marketplace
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Most recruiters respect restraints without enforcement
Restraint clauses are an important hedge against losing business, but most recruiters respect the agreement itself, without the need for legal intervention, according to agency leaders.
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Agency marketing
· Branding & recruitment marketing
· Supplier/client relationships
· Managing recruiters
· Agency case studies
· Contracts
· Employment law
· Legislation & regulation
· Restraints
· Developing recruiters
· Assessment
· Screening
· Business development
· Candidate experience
· Closures
Lessons for recruiters in "brazen" restraint breach
An unsuccessful damages claim after a "brazen" breach of a post-employment restraint demonstrates the hurdles recruitment companies must overcome to recoup damages, says an employment lawyer.
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Court refuses search order in on-hire restraint of trade dispute
The WA Supreme Court has refused to grant an on-hire company leave to search a former employee's house in an ongoing restraint of trade dispute.
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Pre-employment negotiations vital but legal risks abound
Pre-employment negotiations carry misrepresentation risks, but with the right approach employers can minimise them, says employment lawyer Fay Calderone.
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CareerOne posts smaller loss; Call to ban restrictions on on-hire use; plus more
- CareerOne shrinks losses
- Ban labour hire restrictions in enterprise negotiations
- Council calls for labour hire tenders
- Anything but "modest" minimum wage rise will hinder jobs growth
- Offshore visa legal loophole ruled invalid
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Financial performance
· Research
· Hiring intentions
· Labour market trends
· Safety & liability
· Visas & overseas workers
· Contracts
· Employment law
· Legislation & regulation
· Restraints
· Job boards & platforms
· Applicant tracking systems
· Tenders & supply panels
· Recruitment technology
· Diversity & inclusion
· Labour hire
Three cases highlight restraint of trade must-haves
Three recent legal disputes about employee restraints contain important lessons for recruitment leaders keen to protect their business interests, according to a lawyer.
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Ban restraint clauses to stop employers 'bullying' ex-staff: lawyer
Restraint of trade clauses are a "blunt instrument" that stifle competition and should be banned in Australia, a Sydney law firm has told the Productivity Commission's workplace relations review.
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Procurement teams prioritising partnerships in 2015
Improving understanding of the recruitment industry has increased the value procurement professionals place on recruitment companies holding partnerships with complementary service providers, says a tender specialist.
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Senior hires at Ashdown, Ethos; Skilled hiring falls for fourth month; plus more
- Ashdown adds commercial manager
- Ethos hires accounting and finance practice leader
- Skilled hiring continues to soften
- Recruiter operating side business hit with damages bill
- IT hiring intentions up
- ITCRA broadens webinar program
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Are your recruiters' employment contracts past their use-by date?
Out-of-date employment contracts are putting recruitment companies' client relationships at risk, warns employment law specialist Peter Wright.
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Former employee banned from client contact despite lack of restraint clause
A company has temporarily restrained a former employee from approaching its clients, despite lacking a contractual restraint, in a must-read decision for all recruiters.
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