201511.06
0

Social Media Monitoring

QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page, which was unfortunately stumbled-upon by an 8-year-old child using his father’s iPad. By way of background, comments on Facebook pages were held to be subject to the Trade Practices Act 1974 in the case of Seafolly v Madden [2012]…

201511.04
0

International Chamber of Commerce –Rules of Arbitration

An arbitration agreement gives parties a chance to present their contractual disputes for decision by a private tribunal. The decision made by the arbitration tribunal is legally binding and can be enforced by the courts, should either party fail to uphold its obligations. The International Chamber of Commerce ‘Rules of Arbitration’ (ICC Rules) are used…

201511.04
0

Honest and Concurrent use of a Trade Mark

A trade mark is a vital part of any business and is the identity of a product or service. Accordingly, this area of law often times results in conflict between unprotected brands and existing trademarks. Section44of the Trade Marks Act 1995 (the “Act”) prevents registration of a mark that is substantially identical or deceptively similar…

201511.04
0

Government Grants for Industry Innovators

The Government’s Small Business Enterprise program has been established to encourage small businesses to develop technologies to aid important industries within New South Wales. The program provides grants of up to $100,000.00 to small enterprises developing new technologies, or developing new uses for old technologies. The grant may apply to new technologies in the following…

201511.04
0

The Doctrine of Innocent Infringer

In our article titled Copyright Infringing Drawings & Plans, we discussed situations where there is an implied licence to use architectural drawings and plans. In this article, we examine the doctrine of innocent infringer. In the case of Tamawood Limited v Habitare Developments Pty Ltd (7 May 2013), Tamawood Ltd (“Tamawood”) sought relief against a…

201511.04
0

Be Careful of What You Post on Facebook

In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the principal of White Sands, an Australian swimwear label, posted statements and comments on her personal Facebook page indicating that Seafolly Pty Ltd, a competitor of White Sands, had copied some of her swimwear designs. Consequently, Seafolly alleged that Ms Madden had engaged…

201511.04
0

What is Serious Misconduct? What is Unfair Dismissal?

For those who are reading this article to learn more about Unfair Dismissal Remedy Applications with Fair Work Australia, we outline some fundamental definitions which you should be familiar with. Serious Misconduct includes, but is not limited to the following actions: wilful or deliberate behaviour by an employee that is inconsistent with the continuation of…

201511.04
1

Unfair Dismissal –The Principal Purpose Test

Pursuant to the Fair Work Act 2009 (Cth) (the Act), a person is protected from unfair dismissal if the person is an employee who has completed the Minimum Period of Employment and either: a Modern Award covers the person; an Enterprise Agreement applies to the person; or the employee’s annual rate or earnings is less…

201511.03
0

Summary Dismissal –What is Serious Misconduct and Breaching Company Policy

On many occasions our clients have asked whether they can dismiss an employee on grounds of serious misconduct. Although the law is quickly evolving the foundations to serious misconduct and summary dismissal remains the same. Past case law establishes that serious misconduct justifying summary dismissal will only be established if the employee’s is of a…

201511.03
0

Set your privacy protections on social media otherwise you can be sacked!

In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444, Mr Stutsel, an employed truck driver, was summarily dismissed on grounds of serious misconduct due to a racially derogatory and sexist posting uploaded to his Facebook profile. Mr Stutsel’s comments were brought to Linfox’s attention not by his Facebook friends, but by…