Before an overpayment can be corrected, there needs to be a written agreement that is signed by both the employee and employer. Restraints which have only one combination or which are broadly based are likely to be difficult to enforce. This always is not the case that only the head can sue his employee but it happens the other way too. The Act protects the vast majority of employees in the US, but not all. Read more here. Maurice Blackburn is Australia’s leading class action practice, having recovered more than $3 billion for clients. Employers may only control an employee’s use of social media if the employee, by use of social media, acts in breach of his/her employment contract, e.g., the duty of loyalty. The farmer's market was destroyed and Ms. MacLean was sued in negligence by the market’s insurer. The question then becomes whether the employer can recover the damages it paid to the third party from the negligent employee. She got distracted in another part of the store. The court went on to assess damages to the employer on the basis that had the employees provided the ten months’ notice, they could not have started the competitive enterprise and seized a valuable contract. Negligent or misleading financial advice can be devastating. For example, in Thompson v IGT (Australia) [2008] FCA 994, the Federal Court held that it was reasonable for an employer to direct an employee to attend a psychiatric assessment to determine whether the employee was fit to perform his duties and whether he could do so safely. An employer suing an employee for damages must have a valid legal reason, and with sufficient evidence to prove the case, the employer can win. While an employee may not be subject to a tenable action for damages in cases of mere negligence, employers may seek damages against a former employee in cases where the employee’s conduct has amounted to more than negligence or carelessness and the employer’s losses are significant. An employee is paid by the employers as he manages to perform his tasks to the best of his ability and gives what is expected of him to the firm. The more important the employee’s role and more limited the pool of available replacements, the greater the implied notice period will be. While an employee may not be subject to a tenable action for damages in cases of mere negligence, employers may seek damages against a former employee in cases where the employee’s conduct has amounted to more than negligence or carelessness and the employer’s losses are significant. It is quite common for employers to require senior employees to execute covenants which prevent or restrict certain activities. If the matter can’t be resolved, the employee can refer it to a trial; however, most discrimination complaints are resolved through conciliation before they reach court. Reading Time: 2 minutes. Provide the employer with evidence (e.g. Original Newsletter(s) this article was published in: You should act quickly to learn your rights because time limits can apply to unfair dismissal claims. It doesn’t cost you anything to know where you stand. Have you received dodgy financial advice from financial planners, brokers or financial advisers? When processed incorrectly, unfairly or unlawfully, they’re downright rotten. This may fall into one of two categories: To access an unfair dismissal application you need to satisfy these requirements: You must have been employed for at least six months for workplaces with more than 15 employees or 12 months for workplaces with fewer. All Rights Reserved. If our view is that the redundancy is not genuine, the next step is to determine the real motivation. © Copyright 2020 Maurice Blackburn. This may include illness, injury, disability or family responsibilities. can an employer sue an ex employee who makes continues to make false allegations that they were not paid correctly when in fact they were. Redundancies are never easy. Did the employer consider possible deployment opportunities? If you’re faced with a redundancy, remember it’s the job that’s no longer needed, not the person. Employees sue for everything from hiring procedures to termination. 28th July 2020. Find out in what circumstances your employer can refuse annual leave here. Legally, your employer can be held responsible for an employee’s actions when that person acted in a manner that caused another person’s emotional distress. What happens when your work tries to force you to attend medical appointments while you’re on stress leave, and then fires you? If your home contains asbestos, you should be aware of how to manage this material safely. It is equally possible for an employee to breach the terms of the employment contract, both express and implied, for which the employer can sue the employee for any losses flowing as a result of that breach. Does the employee have a vulnerability that could potentially make them a target? 9. Kamal Farouque is a Principal Lawyer in Maurice Blackburn's Employment practice with extensive experience in employment, discrimination and workplace law. In a fairly recent case, an Ontario court held that the two weeks’ notice given by a group of employees who were resigning to pursue a competitive venture was inadequate, holding that given the seniority of their positions, they ought to have provided ten months’ prior notice. Most workplace policies and enterprise agreements include redundancy processes that outline the rights and responsibilities of both employees and employers. If this can’t be achieved, we’ll explore litigation options. 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