GL Insights
The Australian Sports Commission – Mandatory Governance Principles
The Australian Sports Commission (the ASC) released the Sports Governance Principles in 2002 (revised in 2007 and 2012) as a response to the increased importance of governance practices in the performance of sporting organisations. In 2013, seven highest funded sports were required to comply with the Mandatory Sports Governance Principles (the Principles). In 2015 the …
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Dealing with bad blood in your small business – Part 2
Despite everyone’s best intentions, disputes commonly arise when one party feels like the other party is not contributing to the business equally, where one party’s personal circumstances change or where the parties have a different vision for the business. Try to negotiate a commercial solution If a dispute does arise, the parties should first consult …
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Dealing with bad blood in your small business – Part 1
Many of the clients we encounter in our practice are small businesses, started by friends or family. Typically, the founders will set up a proprietary company in which they are each directors and shareholders. Usually, each person brings a different asset or skill set to the business – time, capital or expertise. In the beginning, …
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Employee Sacked for Offensive Text
A recent Fair Work Commission decision has reinforced the risks associated with making derogatory comments in the workplace and the importance of employees keeping any negative perceptions of other staff to themselves. In Louise Nesbitt v Dragon Mountain Gold Limited (U2014/285), Commissioner Cloghan was satisfied Ms Nesbitt had not been unfairly dismissed within the meaning …
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Tips for Leasing Disputes in the ACT
The Leases (Commercial and Retail) Act 2001 (ACT) (the Act) sets out some of the rights and responsibilities of tenants and lessors in relation to commercial and retail leases. The Act applies to almost all retail premises, to commercial premises less than 300m2 and to a number of other types of leases, including leases to …
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Employer Liability: Harassment and Bullying in the Workplace
Employers have an obligation to provide a safe working environment for their employees. Under the Work Health and Safety Act 2011 (ACT) (the Act) employers have a duty of care to take all reasonably practicable steps to manage and prevent health and safety risks in their workplace. Workplace bullying and harassment is one such risk. …
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Sexual Harassment: an Employer’s Responsibility
Sexual harassment is covered under Division 3 Part II of the Sex Discrimination Act 1984 (‘the Act’). Section 28A of the Act defines sexual harassment very broadly, providing that a person sexually harasses another person if: a person makes an unwelcome sexual advance, an unwelcome request for sexual favours, or engages in other unwelcome conduct …
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Residential Tenancies
The relationship between a landlord or residential premises and his or her tenant is tightly regulated by theResidential Tenancies Act 1997 (ACT). What is a residential tenancy agreement? A residential tenancy agreement will arise when a person gives someone else the right to occupy certain premises for use as a home in exchange for value. …
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Copyright law in Australia
Copyright is an integral and ever-changing area of intellectual property law. The main purpose of Copyright law in Australia is to regulate the creation, distribution and use of a range of different types of ‘works’, in a way that balances the competing interests of copyright owners, authors and the general public. It is also vital …
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Summary Dismissal in your Workplace
Employers should think carefully before making a decision to immediately or “summarily” dismiss an employee. For summary dismissal to be lawful, there must have been a breach by the employee of either an express or implied term of the contract of employment that is serious enough to necessitate an employer to undertake an action of …
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