Employment Law - LPC
Clark v Nomura - ANS Wrongful dismissal & bonuses
If bonus is discretionary in the event of dismissal, the court will consider if bonus was
"certain" based on performance & previous bonus.
Horkulak - ANS Wrongful dismissal & bonuses
If bonus is discretionary then the employer is expected to use bona fide & rational
exercise of discretion.
Malik v BCCI - ANS Damages for loss of reputation
Sued employer for injury to their reputations & employment prospect as a result of
association with a dishonest & corrupt employer.
Faccenda Chicken - ANS Definition of a trade secret
1. nature of employment & employee
2. nature of the information
3. whether the employer impressed upon the employee the confidentiality of the
information
4. whether the information could easily be isolated from other information which the
employee was free to use & disclose
William Hill v Tucker - ANS Duty to provide work - no garden leave term
In publicity-based or commission-based careers there will be a duty to provide work.
Duty arises where
- there is work to be done;
- the employee is ready & willing to do it; and/or
- there is a need for frequent practice of skills
Stringer v Revenue - ANS Entitlement to paid holiday whilst on sick leave
- entitlement to holiday does accrue whilst an employee is absent on sick leave; BUT
- workers may take their holiday while they are on sick leave; AND
- if contract is terminated, workers are be paid for any holiday entitlement which was
accrued, including holidays accrued whilst on sick leave.
Burchell Guidelines - ANS Guidelines for Unfair Dismissal & Adequate Investigation
1. Honest belief that employee had committed misconduct?
2. Reasonable grounds for that belief.
3. Grounds were based on reasonable investigations.
Clark v Nomura - ANS Wrongful dismissal & bonuses
If bonus is discretionary in the event of dismissal, the court will consider if bonus was
"certain" based on performance & previous bonus.
Horkulak - ANS Wrongful dismissal & bonuses
If bonus is discretionary then the employer is expected to use bona fide & rational
exercise of discretion.
Malik v BCCI - ANS Damages for loss of reputation
Sued employer for injury to their reputations & employment prospect as a result of
association with a dishonest & corrupt employer.
Faccenda Chicken - ANS Definition of a trade secret
1. nature of employment & employee
2. nature of the information
3. whether the employer impressed upon the employee the confidentiality of the
information
4. whether the information could easily be isolated from other information which the
employee was free to use & disclose
William Hill v Tucker - ANS Duty to provide work - no garden leave term
In publicity-based or commission-based careers there will be a duty to provide work.
Duty arises where
- there is work to be done;
- the employee is ready & willing to do it; and/or
- there is a need for frequent practice of skills
Stringer v Revenue - ANS Entitlement to paid holiday whilst on sick leave
- entitlement to holiday does accrue whilst an employee is absent on sick leave; BUT
- workers may take their holiday while they are on sick leave; AND
- if contract is terminated, workers are be paid for any holiday entitlement which was
accrued, including holidays accrued whilst on sick leave.
Burchell Guidelines - ANS Guidelines for Unfair Dismissal & Adequate Investigation
1. Honest belief that employee had committed misconduct?
2. Reasonable grounds for that belief.
3. Grounds were based on reasonable investigations.
