by Rebecca Greenland | Mar 9, 2013 | Business, Employment
Independent contractors are usually self-employed and accordingly are their own boss – providing their own tools, deciding which jobs to take on, being paid to achieve a result and bearing the risk of non-payment.
Employees on the other hand are paid to work certain hours for an agreed wage, and are usually entitled to paid leave.
A common distinction between contractors and employees is the documentation used to engage the worker – an employee will usually be provided with an employment agreement for ongoing services; an independent contractor will usually enter into a contract specifying the nature of the work to be carried out during a particular period.… Read More
by Rebecca Greenland | Dec 29, 2012 | Property
When buying a rural property, it pays to do your homework. Rural conveyancing is a complex area in which purchasers need to take care to ensure they know exactly what they are buying.
The general principle of “caveat emptor” – buyer beware – applies to all land purchases, but has particular significance for rural properties. Not only is a farm a home, but also a business. Failure on the part of a purchaser to adequately investigate the property can have not only functional implications, but often monetary consequences too.
It is generally advisable for purchasers to conduct pre-purchase searches or enquiries prior to entering into the contract – once contracts are exchanged, the purchaser is locked into the deal and it will be too late to withdraw if a problem arises.… Read More
by Rebecca Greenland | Oct 13, 2012 | Employment
Employers have an obligation under the Work Health & Safety Act to ensure, so far as is reasonably practicable, the health and safety of workers.
One of the increasing areas of concern is drug and alcohol use which affects a workers’ performance or has the potential to cause harm or injury to other employees.
Many employers are implementing workplace drug and alcohol polices in an effort to satisfy their WHS obligations.
A recent decision by Fair Work Australia illustrates that in attempting to comply with WHS legislation, employers need to consider the privacy rights of workers.
The case involved a company implementing a new drug and alcohol testing policy which included urine testing.
… Read More
by Rebecca Greenland | Aug 4, 2012 | Uncategorised
Obtaining registration of trademark can be a lengthy and at times costly process. Creating an intellectual property right from the seed of an idea is however a worthwhile pursuit – provided all the hard work doesn’t go to waste by your failure to use it.
IP Australia, the government agency responsible for administering intellectual property rights and legislation, is warning holders of trademarks to use their IP or risk losing their rights – failure to utilise your intellectual property can see a person or company apply to have your trademark removed from the register.
An application for removal can be commenced if you have not utilised your trademark for a period of three years, or if you did not have an intention of using the trademark when you filed your application for approval (as evidenced by never having utilised your trademark).… Read More
by Rebecca Greenland | Jun 2, 2012 | Business
Have you developed a great product, logo, brand, design or process? Are you a wannabe “inventor”? Do you have a unique target market?
If this description fits you or your business, you should be considering intellectual property (IP) protection.
IP protection comes in various forms, depending on what you are wanting to protect:
Trademark: a valuable marketing tool which identifies your “brand”. Commonly used to protect a word, logo, letter, number, phrase, picture or shape (but can extend to sound and smell too!). By registering a trademark, you have a legally enforceable right to exclusive use of the trademarked item.… Read More
by Rebecca Greenland | Mar 24, 2012 | Employment
The use of the internet and iphones by workers is increasing, and with social media becoming more and more popular, so too is the use of these devices by employees during work hours.
Whilst some employers may encourage their staff to actively promote the business via social media networks such as Facebook and Twitter, many a boss is lamenting the rise of the thumb-twitching, seemingly constant, updating of employees’ status between nine and five.
The most obvious impact of an employee using work time for personal communications is decreased productivity. But having the employee’s mind more focused on who “liked” what and what they had for breakfast could be the least of the employer’s worries.… Read More
by Rebecca Greenland | Jan 14, 2012 | Employment
1 January 2012 saw the commencement of the harmonised Work Health and Safety Act. To date, the new legislation to implement a national approach to workplace health and safety has been adopted by the Commonwealth, New South Wales, Queensland, Northern Territory and ACT governments.
The Work Health & Safety (WHS) legislation requires those persons who have a duty to ensure health and safety in the workplace to manage, or at least minimise, risks to workers so far as is reasonably practicable.
This duty applies to the person who is conducting a business or undertaking (a PCBU). A PCBU includes:
– employers
– corporations
– associations
– partnerships
– sole traders
– volunteer organisations that employ workers
The PCBU must ensure the health and safety of workers, and also has a duty of care in relation to customers and visitors to the workplace.… Read More
by Rebecca Greenland | Nov 25, 2011 | Employment
No-one, man or woman, should be subject to harassment of a sexual nature in any circumstances and particularly not in the workplace.
Whilst notions of equality and commonsense should dictate that sexual advances in the work environment are not condoned, unfortunately sexual harassment by both employers and co-workers remains problematic in Australian businesses.
Obviously the emotional and health effects of sexual harassment impact severely on the victim. But rarely do employers expect a sexual harassment claim to affect their business.
Employers need to be aware of the ramifications of an employee bringing a claim for sexual harassment, and should take positive steps to prevent an incident occurring in the workplace.
… Read More
by Rebecca Greenland | Oct 15, 2011 | Uncategorised
I have my dress chosen, the high heels co-ordinated; I am wondering whether elbow-length gloves and some pearls would be the final additions to my outfit? I am getting frocked-up for the Women in Business Charity Movie Night co-hosted by Eversols and the National Australia Bank.
With the assistance of Forum 6 Cinema, we have secured a private screening of the classic “High Society”, starring the glamorous Grace Kelly, in support of Ovarian Cancer.
As the event will support Frocktober, we are asking attendees to wear a dress to the movie. For those more daring, 1950s Hollywood glamour will be the theme of the night.… Read More
by Rebecca Greenland | Jul 22, 2011 | Business, Employment
Employers are entitled to direct and control how employees carry out their work and to provide feedback on employee performance. But employers (and senior employees) should be mindful not to “let the power go to their heads” and tip the scale from constructive criticism to workplace bullying.
Workplace bullying can be difficult to define, but is generally classified as repeated unreasonable behaviour that threatens, intimidates or humiliates a person in the workplace and usually has negative effects on the bullied persons’ health and safety.
Bullying can be quite overt, such as physical assault or being demeaned and patronized in front of colleagues.… Read More
