GL Insights
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. …
Read more
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 …
Read more
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. …
Read more
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 …
Read more
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 …
Read more
Why You Need a Will
This is a question often presented to the estate planning lawyers in our office. The most obvious answer is that, if there is no will, your estate will be distributed in accordance with the method set out in the Administration and Probate Act 1929 (ACT) (the Act) or the equivalent legislation in the relevant State …
Read more
Assignment of Commercial and Retail Leases
When buying or selling a business, it is critical that the parties to the transaction consider any lease in place for the premises from which the business trades. In selling the business, the seller is not automatically absolved of liability to the lessor under the lease. If the purchaser does not propose to continue to …
Read more
Vicarious Liability in the Workplace
It is important for an employer to know that in certain circumstances, they may be held liable for the actions of their employees. This is known as vicarious liability. What can you be liable for? Vicarious liability can arise where discrimination or harassment has occurred in the course of, or in connection with, the employee’s …
Read more
Process for ‘Mr Fluffy’ Loose Fill Asbestos Buyback Scheme
Since our last article addressing the ‘Mr Fluffy’ Loose Fill Asbestos Buyback and Demolition Scheme (the Scheme) the surrender process has begun. Deeds of Surrender have already been issued for the buybacks due to settle before Christmas. What is the process for those who have elected to participate? Affected homeowners may accept the ACT Government’s …
Read more
What is Workplace Investigation and Why You Should Care
A workplace investigation is a process of fact finding. An investigation should commence as soon as possible after you become aware of a serious conflict or allegation of misconduct in your workplace. Why? because ultimately, engaging in timely and effective workplace investigations will save your business time and money. Beneficial for your Business By dealing …
Read more