BYO Devices – The risk and trends
As more employees use their own devices to do work, businesses need to be aware of privacy, security and intellectual property rights issues. The current shift in working practices – from the traditional nine-to-five work day based in an office to working remotely and being connected 24/7 – has led to the rise in cloud […]
SMALL PAYOUT FOR WORKPLACE HARASSMENT
Rebecca Richardson, ex-employee of software company Oracle, was recently awarded a measly $18,000 for 6 months of humiliating sexual harassment by a colleague. It was Oracle itself who had to foot the bill, being held vicariously liable for the conduct of its employee. This case may herald a softening in penalties related to sexual harassment […]
BIG SLUG FOR EMPLOYERS: PENALTY UNITS INCREASE BY OVER 50%
The government is getting serious about penalties for breach of federal legislation. Employers should be aware that changes to penalty units in the Crimes Act 1914 will mean bigger penalties for breaches of Fair Work obligations. From 28 December 2012, employers who breach the Fair Work Act 2009 (‘FWA’) will face penalties of up to […]
Dismissed for Depression – Accountants admit to taking adverse action
Employers should take particular care in dealing with employees with depression. An Accounting firm has been fined for discriminating against an employee that told the firm that she had depression. The firm excluded the employee from staff training sessions, denied her a support person in performance reviews and terminated her employment. Facts In January 2010 […]
NOT SO JOLLY IN THE JOLLY SEASON
Tinsel? Check. Good location? Check. Office Secret Santa sorted? Check. Risk Management Plan for Employee behaviour and brand reputation? Uh… What? With Christmas right around the corner, companies are starting to plan their annual Christmas party. Yet what many Employers may not have added to their checklist is to ensure that when it comes to […]
Defence Contractor under Fire in Porn Sackings
Fair Work Australia has ordered the defence contractor Thales Australia Limited (Thales) to reinstate three employees, dismissed for sending pornographic materials on company email, on the grounds of unfair dismissal. Thales said the terminations of employees at their munitions plant were justified because: The employees breached company policy; and The employees were made well aware […]
PARALLEL IMPORTATION – DOUBLE THE TROUBLE
Australian brand owners may take comfort in the recent Appeal decision of Paul’s Retail Pty Limited v Lonsdale Australia Limited [2012] FCAFC 130 in which the full bench of the Federal Court of Australia upheld the decision of the trial judge in confirming that the parallel importation into Australia of apparel bearing the Lonsdale trade […]
PAY NOW OR PAY LATER (Update – 1 July 2014)
UPDATE – 1 July 2014 High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2014. The Unfair Dismissal high income threshold is $133,000 and the compensation cap is $66,500. From 1 July 2014 the High Income Threshold increased from $129,300 to $133,000. Employees earning more than $133,000 cannot make unfair dismissal claims unless they are […]
CML Lawyers Develop Major Australian Legal Portal
A vast amount of legal information is available on the Internet. However, until now it has been very difficult to search and access this information quickly and easily. In association with a leading IT and document management supplier, CML Lawyers have developed a solution. LawPORTAL (http://www.lawportal.com.au) is a comprehensive legal portal which tabulates important […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER
All businesses or individuals that hold, license or own "security interests" – such as a charge, mortgage, or retention of title – over personal property – such as equipment, cars, software or debts – must know the impact of the new Personal Property Securities Act 2009 (PPSA). From 30 January 2012, the Personal Property Securities […]