COVID-19 – Can you require your employees to be vaccinated?

By | Covid-19 | No Comments

The dismissal of front-line care workers who refused the flu vaccination in 2020 has recently been upheld in three separate Fair Work Commission (FWC) decisions. In each case the dismissed employee was working directly with vulnerable and often immunocompromised individuals and as a result employers made flu vaccination mandatory. In each situation the FWC decided that the mandating of the vaccine was a lawful and reasonable direction meaning failure to comply was valid reason for dismissal.

Importantly, in each case employees were given ample time to consider their position and determine whether they would comply with the direction or object to vaccination. In all three cases the employees objected by claiming medical exemption to receipt of the vaccine, specifically that the flu vaccination had medical contraindications (all of which were unsubstantiated).

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Franchising Code of Conduct Reform – Change has Arrived!

By | Franchising | No Comments

After years in the making, the Competition and Consumer (Industry Codes-Franchising) Amendment (Fairness in Franchising) Regulations 2021 was passed today, 1 June 2021, which amends the Competition and Consumer (Industry Codes – Franchising) Regulation 2014, commonly known as the Franchising Code of Conduct (Code).

Despite delays, the Government has kept the 1 July 2021 commencement date for the majority of the substantive changes, leaving very little time for franchisors to get their house in order. The new dispute resolution procedure kicks in even earlier, from 2 June 2021.

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Contractors vs. Employees – Navigating the Minefield

By | Business Structures, Directors, Intellectual Property, Miscellaneous, Professional Services, Start-Ups | No Comments

With the rise of Uber and the sharing economy the status of workers has never been more relevant. We see a major push from businesses toward a flexible contractor based workforce. Whilst we share many of the commercial views that drive this push (e.g. flexible overheads, encouraging workforce participation and providing on-demand services), business owners must exercise caution not to incorrectly characterise a worker as a contractor when in fact they are an employee.

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Restraint of Trade Realities

By | Buying and Selling, Directors, Dispute Resolution, Intellectual Property | No Comments

Recently, Solomon Lew’s Just Group commenced action against departed CFO Nicole Peck. Just Group is seeking an injunction to prevent Ms Peck working for competitor, Cotton On, for a period of 24 months. Just Group is arguing that it is likely to suffer loss and damage as a result of the potential disclosure of confidential Ms Peck holds, to the Cotton On Group. Most likely, Just Group will be seeking to rely on some form of restraint of trade clause. Read More

Protecting your Brand

By | Intellectual Property, Start-Ups | No Comments

Branding is a task that’s found at the top of every new business owner’s ‘to-do list’. A well-crafted name/brand is one of the most important tools in the marketing toolkit. It’s usually the case that protecting your brand is found much further down your ‘to-do’ list, or not on the list at all. Read More

The Fine Print

By | Creditor and Debtor Management, Miscellaneous, Start-Ups | No Comments

As a supplier of goods and services your Terms and Conditions (T&Cs) govern your relationship with your customer. Absent a clear set of T&Cs, if something goes wrong, you’re reliant on arguments of ‘he said, she said’ to prove your position. By putting in place clear terms and conditions you will achieve certainty as to your customers’ expectations. In addition, if you’re supplying on credit (i.e. allowing time to pay), then your terms and conditions will assert your right to be paid on time. Read More