GL Insights
Late unfair dismissal applications
As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow a further period if it is satisfied there are exceptional circumstances taking into account: the reason for the delay; action taken by the person to the dispute; prejudice to the …
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Use of an App to record employee’s start and finish times
If you want to make clocking in and out easier for employees, maybe you are considering introducing a mobile App that would streamline the clock in process. But, before you do you should consider the privacy implications and whether your organisation’s policies are up to date. The first thing to consider is the privacy implications …
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Two jobs, One employer = how many employment contracts?
In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful guidance for employers and employees with more than one job in an organisation. Facts The Applicant was employed by the Respondent in two jobs, as Fitness Instructor and a Customer …
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Boiler plate clause explanations: Joint and several clauses
You’ve probably seen a joint and several clause in a contract before. It reads something like “Each Borrower agrees it is jointly and severable liable for the debt”. Or “an agreement on the part of two or more persons binds them [jointly and not severally/severally and not jointly/jointly and each of them severally]. “Jointly” means, …
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Transitioning from an incorporated association to a public company limited by guarantee
Many not-for-profit organisations are registered as an incorporated association. An incorporated association is governed by the legislation of the State or Territory in which they are registered. However, the other most common structure for a not-for-profit entity is a public company limited by guarantee. Every organisation operates differently and should consider the most appropriate structure …
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Modern Slavery in Australia
In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in corporate operations and supply chains. These Acts attempt to address the gross breaches of human rights that occur daily, involving layers of deception, manipulation and vulnerability, culminating in many individuals, …
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Board Members and Working with Vulnerable People
It is compulsory for any person (whether employed or in a voluntary capacity) who engages in a certain activity with a vulnerable person to obtain a background check and be registered with Access Canberra.[1] The Working with Vulnerable People (Background Checking) Act 2011 (ACT) (WWVP Act) commenced on 8 November 2012 and is designed to reduce …
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Unpacking modern Data Breaches: Is your data safe?
In November 2018, the Australian National University (ANU) suffered a massive data breach where up to 19 years of sensitive and personal data were obtained by an unknown hacker. The ANU has said that the hack not only affected students and professionals in Canberra but that it had the potential to affect a number of …
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You’d be nuts not to register your trade marks!
Federal Court makes ruling on licensing of unregistered trade marks in Peanut Butter dispute. You may have noticed a change in the branding of your favourite peanut butter recently. In 2017, the Kraft peanut butter business was purchased by Bega Cheese. Central to the Kraft products is their instantly recognisable, bright yellow packaging design which …
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New damages available for unjustified threat proceedings in IP cases
It is no secret that as a trademark owner you have the right to protect your intellectual property and preserve your business identity. A great benefit of having exclusive legal rights over your brand is that it enables you to stop other people from using it. For example, it is common practice in the IP …
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