202003.24
0

COVID-19 Employment Law Update

We understand that employers are facing unprecedented challenges in light of the COVID-19 pandemic. The purpose of this pulbication is to provide some general guidance to employers on the key issues that they might face. Do I still need to pay staff if we shut down temporarily? If your employment contract, modern award or enterprise…

202003.24
0

Unfair Dismissal Claims & Casual Employees

An employer is entitled to end an employment relationship with an employee but this entitlement is subject to certain provisions, some of which are discussed in this article below. Protection from Unfair Dismissal Part 3-2 of the Fair Work Act 2009 (Cth) (FWA) contains provisions for the unfair dismissal of an employee. Pursuant to s…

202003.24
1

Employee’s Leave Entitlements & Flexible Working Arrangements

COVID-19 or Coronavirus has had a tremendous impact on the global economy and the employment sector in particular. In the present circumstances, it is important that the employers and the employees are aware of their workplace rights and obligations. Enforcement of Safety Measures The employers should keep up to date on any guidelines issued by…

202003.24
0

Changes to Employment Terms

Any employer who wants to make changes to the terms of the employment contract between the employer and the employee, including changes to the working hours, must ensure that they comply with the relevant laws first and do not breach any of their obligations under their employment contract, and the relevant award or enterprise agreement….

202003.24
0

Types of Employment Relationships and the Relevant Entitlements

It is important for an employer, as well as an employee, to understand their employment relationship to ascertain their rights, obligations and entitlements. The different types of employees and the entitlements available to them are discussed below in this article. There are different definitions for employers and employees in the Fair Work Act 2009 (Cth)…

201511.06
1

You are liable for third party content on your social media outlets

Many companies now have their own Facebook page or Twitter account and use the same for marketing, branding and advertising its product and services. Nevertheless, these social media outlets can become a legal liability if they are not properly monitored. The Advertising Standards Board has held that the Advertiser Code of Ethics and Australian Consumer…

201511.06
1

The Tax Benefits of Venture Capital Fund Limited Partnerships

The Federal Government provides generous tax relief for funds registered as Early Stage Venture Capital Limited Partnerships (ESVCLPs) and Venture Capital Limited Partnerships (VCLPs). These are governed by the Venture Capital Act 2002 and Income Tax Assessment Act 1997. Who should apply? For VCLPs: fund managers seeking to raise a new venture capital fund of…

201511.06
1

Removal of Trade Marks for Non-Use: Applying and Responding

Trade Mark registration does not provide boundless and unconditional protection for its owner. An owner of a registered mark must use the mark to prevent it from losing its protection. The Trade Marks Act 1995 (Cth) (the “Act”) contains provisions that allows a party, who wishes to register a similar mark, to apply to have…

201511.06
2

R&D Tax Incentives for Innovators

The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, particularly small to medium enterprises (SMEs) carrying out R&D in Australia and overseas. Early stage high-tech companies investing heavily in R&D stand to gain significantly because there is no upper limit on the amount of R&D expenditure per year under the scheme. SMEs…

201511.06
1

Privacy Concerns and Cloud Computing

For many businesses, cloud computing has become an essential tool to minimise ongoing computing costs. It also provides companies with a facility to access information remotely and globally. Notwithstanding the benefits of cloud computing, companies should be aware of their legal responsibilities whilst storing personal information onto cloud servers. For example, pursuant to the National…