GL Insights
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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Protecting your mark – opposing a trade mark
Registering a trade mark affords the owner of the trade mark the exclusive right to use the registered trade mark and to authorise others to use the trade mark for the goods and services over which it is registered. Although registering a trade mark is a sound first step in protecting your brand, brand protection …
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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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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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