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Letting go of employees threatening to go to the media
When employees leak confidential information or threaten to go to the media, employers can face serious consequences. Find out what the Fair Work Commission says about this issue and what options employers have to protect themselves.
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Can employers dismiss employees for failing to follow instructions?
When an employee fails to follow their employer’s instructions, the consequences can be serious. Learn about the steps employers must take before termination, and how to protect against unfair dismissal claims.
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Terminating an employee for serious misconduct
These tips include asset sale or share sale, intellectual property ownership, legal and accounting due diligence, change of control issues, restraint of trade clauses, key personnel, and more.
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The 20/12 Rule & anti-avoidance provisions
This article examines Chapter 6D of the Corporations Act 2001 (Cth) (Act) and its implications for raising capital in Australia without issuing a formal disclosure document. It looks at Australian Securities and Investments Commission (ASIC)’s powers of exemption and anti-avoidance.
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Federal Circuit Court strikes down ‘no refunds’ clause
In a recent judgment (Ferme v Kimberley Discovery Cruises Pty Ltd [2015] FCCA 2384), the Federal Circuit Court held that a term of a cruise company’s standard conditions, which allowed the company to cancel a cruise for a wide range of reasons without giving any refunds to its passengers, was an ‘unfair term’ under the…
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Underpaying employees can have serious consequences
Employers have been accused of underpaying their employees and falsifying payroll records. Learn more about how the Fair Work Act 2009 (Cth) safeguards employees and how businesses can ensure they are compliant.
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Data security – the increasing burden
The consequences for an Australian business victim for a breach of cyber security are forecast to exponentially increase. In February 2015 the Parliamentary Joint Committee on Intelligence and Security (Committee) recommended the introduction of mandatory data breach notification scheme (Scheme) by the end of 2015.[1] Whilst the details of the incoming Scheme are currently scant,…
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Intellectual property theft and employee information theft
Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.
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Revenge porn – legal options
Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1] An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it. A person’s participation…
Commercial law
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