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.
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
When it comes to navigating companies, it’s the directors at the helm. They call the shots, sign on the dotted lines and generally hold the decision making power. That power doesn’t come free of charge, as directors also have significant accountability and potential personal liability. Read More
Treat your talent pool so well that your business can run without you on a day-to-day basis!
Key Person Dependency (KPD) is the notion of a business being reliant upon few key people. Commonly entrepreneurs and founders of successful businesses have had to do a huge amount of heavy lifting themselves to get the business off the ground…hats off to them for doing that! The problem is that those same successful people have trouble letting go of the control panel, resulting in KPD. Read More