Restraint of Trade (aka Non-Compete) Clauses

On 6 October 2016, the Supreme Court of Victoria decided a dispute between JG Goldner (one of the few significant horse transporters in Australia) and a former executive employee called Xavier Franklin.  Eleven months after resigning for personal reasons, Mr Franklin signed a commercial document with Goldner to sell some shares he held in Goldner’s…

Employee Entitlements

Equestrian businesses employing staff on a full time, part time or casual basis must ensure their employees receive their proper legal entitlements under employment law. Where are these entitlements found? All equestrian employers are part of the federal industrial relations system. So, if there is an applicable industry award, it will prescribe minimum terms of…

Employing an overseas horse trainer

Skilled trainers to educate and develop young horses correctly and campaign trained horses at an elite level for ultimate sale are limited in Australia.  Horse studs and breeding businesses lament the paucity of competent trainers to help develop their business, make them more competitive and open up new markets. An Australian horse business, faced with…

Employees

Equestrian businesses employing staff must know if an individual is legally an employee as distinct from an independent contractor because employees enjoy minimum conditions of employment at law.  The Australian Taxation Office website has useful information to help people understand the distinction. Since 1 January 2010, all equestrian employers are part of the federal industrial…