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Upholding a respectful workplace

Upholding a respectful workplace: what can employers do to ensure that dismissals based on misconduct are not deemed unfair? There have been a number of recent cases relating to the termination of employees for misconduct relating to behaviours that could be considered improper, or not “politically correct”. Examples of such behaviour include: swearing and using …
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Taking the heat out of performance management

Every employer will at some point have to engage in a performance management process with staff who aren’t meeting the expected standards. As with any area of employee management, if performance management isn’t conducted effectively, an employee who does not improve may have successful grounds to challenge a termination. Many employers shy away from performance …
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Essendon, AFL, ASADA and WADA – what is it all about?

Yesterday the Court of Arbitration for Sport handed down its Panel decision in World Anti-Doping Agency v. Thomas Bellchambers etc al., Australian Football League, Australian Sports Anti-Doping Authority (CAS 2015/A/4059). This post is a brief explanation of what has gone on in this disappointing saga of Australian sport involving one of the oldest and most …
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Canberra’s Debt Recovery Process

At Griffin Legal we handle debt recovery for a variety of large and small clients from a variety of industries and backgrounds. This article focuses on the debt recovery process in the ACT. Demand phase The first stage of debt recovery involves taking detailed instructions in relation to the debt, the debtor’s details and background. …
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Do you have enough first aid officers?

Under the Work Health and Safety Regulations 2011 (Cth), a person conducting a business or undertaking must ensure that an adequate number of workers are trained to administer first aid at the workplace or that workers have access to an adequate number of other people who have been trained to administer first aid. Sounds simple …
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Uber right or Uber wrong?

A recent case in the United States of America involving the transport company Uber has raised more questions for businesses that utilise the services of independent contractors. The case, Douglas O’Connor et al v. Uber Technologies Inc, U.S. District Court, Northern District of California, No. 13-3826 is currently contemplating whether Uber drivers, which Uber treats …
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Is termination the only option?

From time to time most organisations seek to end contracts before they are due to expire. Termination is the common method and at law there are four ways to terminate a contract: Where a contract gives you an express right; Where there is a breach of an essential  term; Where there is a sufficiently serious …
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The Costs of Non-Compliance

Didn’t know your business proposal was covered by the Franchising Code of Conduct (the Code)? The penalties can be significant so check the Code first. The Code applies if: (a) a person (franchisor) grants to another person (the franchisee) the right to carry on the business of supplying services under a system or marketing plan …
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