GL Insights
Employment Law Series: Ending Employment – Abandonment of Employment
Employers need to be careful when considering whether abandonment of employment has occurred and terminating the employment contract. Abandonment cannot be determined strictly based upon the contractual position. But does include a detailed consideration of all the facts (not including the parties’ subjective beliefs or the reasonableness of the parties’ conduct). The wrong determination on …
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Employment Law Series: Ending Employment – Resignations
The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This is usually consensual and the key consideration is normally whether sufficient Notice has been provided. Notice The required Notice can be set out in an enterprise agreement, employment agreement or …
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I spy, with my little eye… an employer who requires a workplace surveillance policy
It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently have uniform laws governing the surveillance of employees, in the Australian Capital Territory and New South Wales, there are specific regulations which dictate what an employer must do before conducting …
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I am in dispute with someone – is Court my only option?
The short answer is no. There are many options available to individuals and organisations in order to resolve a dispute without going to Court. At Griffin Legal, we understand that Court is rarely the best way to achieve a successful outcome to a dispute, and we encourage our clients to consider other options that are …
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Defamation and Social Media – an update
Defamation is a routine matter to take to Court. Like all legal matters, there are tricks of the trade, but it is a fairly simple process – albeit costly because it is time consuming. In the past, defamation cases largely involved journalists and authors. These days, Twitter, Instagram, blogs, review websites, news websites are all …
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Investigation launched into Facebook, as Information Commissioner releases first Report on Notifiable Data Breaches
We spent months speaking about it and now the report is in. On Wednesday, 11 April 2018, the Office of the Australian Information Commissioner (OAIC) released their first quarterly report on the changes to the Privacy Law which commenced on 22 February 2018 relating to notifiable data breaches. The figures speak volumes. Within 6 weeks …
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Statutory demands: What are they, why would I use one and how?
Need to chase a debt from a company? Do you operate a company and someone has issued you a statutory demand? Here is a quick summary of statutory demands and how they work. What is a Statutory Demand? A Statutory Demand is a formal written request for payment of debts owed by a company, issued …
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Griffin Legal Sessions: Employee Termination and Risk Management
Terminating an employee can be difficult to manage and there can be many risk factors involved that you may not have considered. From adverse action claims to constructive dismissal, in this insightful session, we will answer your questions and discuss methods to avoid the risks associated with terminating an employee. The session is led by …
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CLAIMS OF SPORTING NEGLIGENCE TAKEN FOR A RIDE
Often, when deep in sporting contract negotiations, provisions regarding compensation for injury are often overlooked by players and sporting organisations alike. However, a recent decision by the NSW Court of Appeal will likely see such discussions elevated back up the negotiation agenda. In Goode v Angland [2017] NSWCA 311, the Court considered whether section 5L …
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Start the countdown clock…
TICK, TOCK…. On Thursday, 22 February 2018 the law will change, so that businesses and organisations bound by the Privacy Act 1988 (Cth) will be obliged to report to the Privacy Commissioner, as well as affected individuals, if personal information they hold is the subject of unauthorised access, unauthorised disclosure or loss. Personal information includes …
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