Are you familiar with email marketing laws in Australia? The Spam Act 2003 (Cth) provides an extensive regulatory regime as to when emails are classified as 'an effective marketing tool' and when emails are classified as 'spam'. There are serious penalties for breaching the Spam Act. Read here for more details.
Powers of Attorney provide authority for another person to implement financial, personal and/or medical decisions on your behalf, during your lifetime. Powers of Attorney are particularly important to plan for who you want to make decisions on your behalf when you are no longer medically capable.Unfortunately, sometimes it is not possible, whether by reason of mental impairment or otherwise, to make Powers of Attorney. This raises the question: how can I legally make decisions for a family member or loved one who is incapable of making a Power of Attorney?
Unfortunately, too many employers trip themselves up and speed into the redundancy process without a solid understanding of the relevant law and how to best protect their legal interests.This article provides a straightforward explanation of redundancy - what it means, what needs to be considered when making an employee redundant, and the downside of getting it wrong.
Whether you are buying or selling property, you are likely to come across a Section 32. It is also known as a 'Vendor's Statement'. It comes from Section 32 of the Sale of Land Act 1962 (Vic), which requires certain documents and information to be disclosed when selling a property. Before a Purchaser signs a contract for a property, they must be provided with a Section 32, signed by the Vendor. Read here for more information.
As an employer, it is important that you have a professionally drafted Employment Contract for your employees. While there are a number of aspects that are automatically covered by the Fair Work Act or a relevant Modern Award, a number of important areas still need to be addressed and covered in a Contract.
It is an exciting time, you are wanting to buy a business! You are keen to get started as soon as possible. However, it quickly becomes apparent that there is lots of paperwork to complete, confusing contractual terms to understand and a regulatory framework which is complex. This is when you need a business lawyer.
Employees who are on unpaid parental leave still require on-going consultation and consideration, particularly when it comes to changes to the employee's pre-parental leave position and their return to work.Importantly, an employer has an on-going obligation to consult with an employee who is on unpaid parental leave about any decisions that may have a significant impact on the employee's pre-parental leave position, pay, or location of work.While this may seem straightforward, it does require the employer to be proactive and not reactive. Read here for more information.
After hours of discussion, you have reached an agreement with the other side. Now the question is; how do you ensure the settlement agreement is binding? Samuel Ellemor, Accredited Specialist (Workplace Relations) offers some tips for preparing Settlement Agreements.
Generally speaking, an employer is entitled to monitor, their employee's work email accounts, work phones and online browsing (when such browsing is performed on a work computer). An employer can even monitor an employee's online browsing on their private mobile phone, should that browsing have occurred while the mobile phone was connected to the employer's Wi-Fi signal. Read here for more information.
Entering into any Franchisee/Franchisor relationship is an exciting time as it brings about opportunities for expansion and growth. However, franchise owners have a number of responsibilities that they must follow when managing any Franchisee relationship. In Australia, the ACCC has an in-depth Code which outlines Franchisor responsibilities which are owed to Franchisees. If the Franchisor receives a written request from the Franchisee for disclosure, then the Franchisor must provide such written disclosure.
