Contractor or employee

Contractor vs employee – Are your staff employees or contractors?

In the age of ‘just in time’ and the ‘flexible labour force’ a lot of employers have been tempted to get rid of employee overheads altogether and supply the labour needed through ‘contracts for services’ or  labour-hire arrangements. So, when is someone an employee and when are they a contractor? Labour-hire workers are often still …

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Unfair Contract Terms – Is your Franchise Agreement actionable under the Australian Consumer Law?

If you are a franchisee under a franchise agreement offered to you as a ‘take it or leave it’ standard form contract, Part 2-3 of the Australian Consumer Law1 may help you challenge the enforceability of any unfair franchise contract terms. As shown by the Husqvarna case, a franchisee’s rights under the Australian Consumer Law …

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Crowd-Sourced Funding – a New Type of Company to Attract Investors to Your Business

The latest amendments to the Corporations Act extend Crowd-Sourced Funding Rights to private companies as well as unlisted public companies. The Amending Act removes the need for a proprietary company to convert to an unlisted private public company before seeking crowd-sourced funding. This means a private company which has more than one director can keep …

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Unfair Dismissal of An Employee: When is Fair Fair?

Unfair dismissal is a legal action under the Fair Work Act 2009 available to employees who have had their employment terminated in a situation where their sacking is harsh, unjust, or unreasonable. Unfair dismissal is not the same as unlawful dismissal or wrongful dismissal. As ever, the devil is in the detail, so let’s take …

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What Are Company Directors Duties in Australia?

Corporate law for small businesses in Australia is now about company directors duties, and not just company directors duties owed to shareholders, but company duties owed to other stakeholders as well. What are the responsibilities of a director of a company? How have directors duties become stricter? There was a time when many company directors …

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Can a competitor use my business name as a keyword search on paid search engine listings?

If somebody had said that to you twenty years ago, you would have told them to take the medication. And, if you’ve ever tried to wrap your head around 21st-century internet advertising, you probably felt like you might need the prescription too. When a business pays a search engine hard cash to feature its ad …

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Are Memorandum of Understanding or Heads of Agreement, MOU or HOA, a Binding Contract?

That depends. If two businesses or organisations are entering into big or complicated projects or relationships, sometimes people on either side like the idea of a symbol of commitment before the final contract. Usually in this situation, the parties start with a basic Memorandum of Understanding or a Heads of Agreement. Maybe there’s pressure from …

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Is a ‘Statutory Demand For Debt’ the Best Way to Recover Money a Company owes you?

What do you do if a company owes you money and offers no reasonable payment date? You might send a pro forma Letter of Demand demanding payment by a specific date and threatening legal action if it doesn’t happen. You might even have a solicitor write a letter of that type. That will probably do …

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What happens to employee entitlements when a business is sold?

One of the reasons you might buy a particular business is that it employs people with a lot of skill and experience in that type of business. If you want to keep those workers on, you will need to know about employee entitlements under the Fair Work Act 2009 in a transfer of business. Sometimes …

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Trademark Registration: 5 Steps to Protect Your Business Name and Logo

You will find goodwill and business reputation, and therefore customer patronage, connected with the name and logo mark of an established, well-marketed business. Branding and get-up can differentiate your business identity from others in your market segment. With that in mind, we offer five tips for small businesses. Register your business name with the Australian …

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