Highlights
Task:
FACTS YOU HAVE BEEN ADVISED BY ED
Ed owns “Twiggy’s Top Knots”, a very successful dog grooming business in Norwood and 10 other locations in South Australia. Business in Norwood is so good that he needs to employ another staff member. Hamish has been employed. Ed actually knows Hamish from the SA poodle club as an experienced trimmer. They agree to what Hamish will be paid, he will work 3 days a week and in the written contract Ed adds in:
“If for any reason Hamish leaves “Twiggy’s Top Knots” he agrees not to work for any other dog grooming business in South Australia, for the next 12 months”. (Ed did not read the work instruction you had prepared for the business)
For the first six months things go well, however soon Hamish appears disenchanted with the role. He starts to make mistakes with some of the “clients” (dogs) haircuts. Ed thinks when he is not around that Ed has been yelling at the dogs, treating them badly. Some of the owners of the dogs have complained saying the dogs were traumatised and the dogs are shaking when they pick them up.
As the HR manager for Ed’s chain of dog grooming shops he has asked for your advice on some specific issues.
1. Has Hamish breached any duties of employment.?
2. Can Hamish’s new business be stopped, what action can Ed take?
3. Outline to Ed the process he should undertake if he wishes to terminate Hamish’s employment.
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