Mackens wins on Stevens’ Appeal

The Supreme Court of Victoria on 30 November upheld an Appeal by Mackens on behalf of Mr Stevens regarding an entitlement to an agreed payment on termination which the Company denied ever offering. The Full Court was persuaded that in fact there had been such an agreement.

Mr Steven’s was further successfully granted interest and indemnity costs.

Update: Spotless refused special leave to appeal to the High Court on 8 March 2017.

One for the little guy as toll road giant loses case

Sunday Age 21 June 2009

“A former senior employee of Transurban has emerged victorious after taking the toll road giant to court over an employment spat.

“Darren James Kamp got judgment on Friday for nearly $300,000, including money for nine months’ notice rather than three months.

“Kamp was one of 50 employees made redundant last year.

“Transurban initially said it would pay him one month’s salary in lieu of notice which was then increased to three months. Shortly after that, Kamp went to go-to employment lawyers A. J. Macken & Co., which decided to issue proceedings. …”

Mr. Dominic Macken appointed to Board of Directors of Tobin Brothers

Tobin Brothers, one of Australia’s largest and most respected family owned companies has appointed prominent Melbourne lawyer Dominic Macken of A. J. Macken & Co. to its Board of Directors, effective 1 January 2015. Dominic carries with him a wealth of experience in Employment and Company Law and is expected to be a valuable addition to the Company.

Dominic welcomes the opportunity to serve Tobin Brothers, a family owned company with a well recognised reputation for uncompromising integrity.

AFR 3 August 2009

AFR 3 August 2009

“Tony Macken, principal of employment lawyers AJ Macken and Co, which advises senior executives, said: “Employees must be careful about entering into contracts which contain covenants in restraint of trade as the courts, subject to the terms of the restraint clauses and particular facts and circumstances, are increasingly expressing a willingness to uphold restraints that protect a legitimate interest.

“Employees will find it increasingly difficult to rely merely on public policy considerations to avoid the operation of covenants in restraint of trade.”