Lawyers

Unfair Dismissal Claims: What Are They & How Do You Avoid Them?

September 28, 2020 by Reporter Leave a Comment

Operating a business requires a huge commitment from business owners both to the future success of their company and to the well-being of their staff. To ensure that your business continues to thrive moving forward, you need to ensure that your staff are motivated, productive and believe in the mission of your company. Unfair treatment of your staff, even in the case of a dismissal, can wreak havoc on your business and cause chaos within your company.

To avoid an unfair dismissal in Melbourne, business owners need to ensure they follow the correct protocols when letting employees go. An unfair dismissal claim could tarnish the reputation of your business, result in low staff morale and poor relations with the business community in your area going forward. You can be held liable under the Fair Work Act if an employees dismissal is determined to be “harsh, unjust or unreasonable” by the Fair Work Commission. This can be a stressful situation for business owners that can cause irreparable damage to your business, but with the right approach, you can avoid arriving at this unfortunate juncture.

Let’s explore a few ways that you can reduce your risk of facing an unfair dismissal claim in your business.

Don’t Rush A Dismissal

Although you don’t have any legal obligation to issue your employees with any number of warnings before you dismiss them, you need to be careful about how quickly you dismiss your employee. Firing them on the spot, for example, is never advised, as, from a legal standpoint, there are very few times where this is allowed. However, if there is sufficient evidence that the employee has broken the law while at work or has broken your safety protocols, you may be within your rights to dismiss them there and then but tread carefully.

Work With Them

As an employer, it is your job to inform underperforming or uncooperative staff members as to where they are going wrong and what they can do to improve. Failing to offer guidance and an opportunity to improve could be seen to be an unfair dismissal. Meet with the employee in question and outline what the issues are and put a plan in place to help them to reach their work goals. You should meet again in time to review their progress before moving forward with the dismissal. Should there be an unfair dismissal case, the favour will be with you at trial, as you will have offered a solution to the problem and a roadmap to improvement for your employee.

Hear Their Side

If you have any allegations to bring against an employee, whether it is regarding underperformance or misconduct, you need to allow them to respond to the allegations. While this is certainly a fair way to approach the situation, it is also legally required that you take this approach. You are obligated to clearly outline the allegations and communicate them clearly to the employee in writing. They need to be given an opportunity to consider the allegations before you meet with them to discuss the issues. You must give their response genuine consideration or you could end up facing an unfair dismissal trial down the line.

Ensure You Avoid An Unfair Dismissal Case

Employees are dismissed for a variety of reasons and you are completely within your rights as a business owner to dismiss employees who are not performing well, who breach safety protocols or who do not behave appropriately in the workplace. However, before you dismiss an employee, you must take the time to ensure you have not given cause for unfair dismissal. Treating your employees with respect and compassion, even in a dismissal, will ensure your business avoids being hit with an unfair dismissal claim in the future.

Financial Framework – Four Tips That Can Help You Get Out Of Debt On Any Income

April 28, 2020 by Reporter Leave a Comment

Photo by Startup Stock Photos from Pexels

If creditors have been hounding you for payment, you may be wondering how in the world you’ll ever get out of debt. Many people fear they will never get out of their financial strife because what they owe is more than what they can afford to pay back in the foreseeable future.

The good news is that even if you’re living paycheck to paycheck, there’s light at the end of that stifling tunnel. You can get out of debt sooner rather than later by following the tips listed below.

1. Create a Budget that Works for You

Every person’s debt profile is different. This means you may have to explore multiple solutions to get out of debt before you find one that works for you.

Before you panic or throw your hands up in despair at the mountains of debt you owe, take a minute to look closely at how much you have coming in and going out. Evaluate the things that are necessary and not and find ways to cut expenses where you can. When you create a budget like this and stick with it, your eyes are opened to how much you really spend (get ready for a shock), and you often find funds you didn’t even know you had.

2. Make a Plan for Repayment

Most creditors are willing to work with you as long as you let them know about your situation. It’s when you ignore their repeated attempts to contact you that they begin to get nasty. If you’re experiencing financial hardship or can’t afford to pay as much as they’re asking each month, just contact the creditor and work out a payment plan. Keeping them in the loop makes them much more understanding and willing to work with you.

3. Get a Lower Interest Rate

There are a few different options for obtaining a lower interest rate on your lines of credit. First, you can simply call the creditor and ask for a lower interest rate. If you have a history of on-time payments, the creditor may be more inclined to grant you the more reasonable rate you seek.

Second, you could transfer high-interest balances to a lower-interest bearing credit card. Some of these cards have introductory periods with no interest for a specified amount of time. If you plan to pay the balance off during that time, you could save a ton in interest.

Having said that, if you don’t pay off the balance during that introductory period, you could end up owing more than you originally started with once the interest rate kicks in.

The last of these options to consider is a debt consolidation loan that allows you to combine all your high-interest loans into one lower-rate loan. Alternatively, you could also work with a debt management service who will advocate on your behalf to your creditors for lower monthly payments.

4. Stop Using Credit Cards

Credit card use seems to be what drives the economy these days, but if you’ve over-extended yourself (it’s easy to do), credit cards can be a nightmare to pay off. The easiest way to pay off debt is to stop adding to it with more credit card spending. Cut your cards up, put them in the freezer – whatever you have to do to keep yourself from using them.

Facing excess debt is never fun, but regardless of your income level, you can pay it down and achieve financial freedom. If you find yourself feeling hopeless about the financial hole you’ve gotten into, use the tips above to pull yourself out.

5 Tips on Handling Disputes with Your Business Partner

October 29, 2019 by Reporter Leave a Comment

Starting a partnership is a delighting time, filled with celebrations of successes, shared vision, and new challenges. During the great times, especially when the business is really booming, keeping a close relationship on the ground while still running a business is so easy. However, what do you do when you don’t agree with your business partner and the honeymoon is over?

The one certainty with close relationships is that disagreements may arise. At the time, it can be easy to lose sight of the bigger picture, and get emotional, particularly when money is on the line and stakes are high.

Partnership disputes don’t have to throw the business into a tailspin. In this piece, we have outlined five tips that will help you contain disagreements, find a resolution, which leaves your business, and partnership, safety intact.

1. Plan ahead

Consider getting a formal partnership agreement, if you don’t have one, and review it. It should include:

• Guidance to follow when dissolving the partnership.

• The process of handling cash.

• Responsibilities and roles of each partner.

• A dispute resolution terms and procedures or clauses to follow when you are not in agreement.

Additionally, try to cut topics that you know will likely lead to conflict down the road.

2. Have a listening session

This is where each individual agrees to sit and keenly listen to the other’s opinion and position, without reacting or speaking, for a set time – normally around three to five minutes. It is a useful tool for giving each side insight into the other partner’s position and cooling tempers.

In a business partnership, all that matters is how each partner feels once the dispute is resolved and not who wins. If there is a side that feels resentful and marginalized, that result can likely poison the business, and the partnership, over time. It is remarkably useful to practice active listening as it can ease an ongoing tension and make every side feel heard.

3. Do not rush to judgement

For many Operators and owners of a small company, each decision can seem deeply personal, and large. When your business partner disagrees with you on a problem that is essential to you, it can be easy to switch into a battle mode.

Always remember the larger picture; you both entered into this business partnership because you shared a vision. If you genuinely value your business partner, you have to appreciate his viewpoint on the issue at hand, even if you do not agree with it.

4. Don’t be afraid to get help

A neutral third party can really help warring partners find a solution to their disputes. Meditators are usually trained to handle conflicts of all kinds, meaning that using one can result in a faster resolution and cleaner dispute. A mediator will also ensure that none of you is feeling ripped off when leaving the negotiating room or table.

Sometimes, hiring a professional business lawyer or mediator may not sound appealing. If that’s the case, consider using a colleague or friend, though the individual you choose should be trained in handling conflicts, and fully neutral.

5. Get legal advice

Consider getting legal advice, if resolving partnership disputes with an external mediator or on your own doesn’t seem to work. A commercial litigation lawyer in Sydney like Streeter Law Firm will set out your obligations and rights in the conflict and can aid avoid you having to take your issue to court.

Conclusion

Disputes are a given, but you cannot lose sight of the bigger goal or objective: to resolve partnership disputes as amicably and effectively as possible, for you and your business partner to keep running a growing and healthy business. The above tips on handling disputes with your partner will definitely help you both to work together towards your goal of finding success.

Tips to Running a Family Law Firm Business in Sydney

August 29, 2019 by Reporter Leave a Comment

The practice of law is a respectable one indeed. No matter what type of legal professional in Sydney you are, solicitor or barrister. You’ll notice that people generally have huge respect for the legal profession. But one thing is important to keep in mind. Many legal professionals and practitioners work for large companies. Others run private businesses. Some work alone, others in small groups. So if you’re running a law firm, you must be a business person too. It’s not something to which you would have given much thought when you were struggling to pass those exams. In those days, the passion for the law would have carried you through. Yet, like it or not, law firms are areas where business and commerce intersect. To practice the legal profession profitably, you will need some business skills.

Business Tips for Family Law Businesses

Are you a solo practitioner? Or are you a partner in a firm of family law solicitors? Either way, you have business responsibility. You must make yourself and your partners if need be, aware of certain aspects of the running of the company.

You must take a certain amount of time in the month to assess the situation in your business. If you’re a partner in a company rather than running the company alone, there must be regular meetings. This will keep everyone up to date with business matters.

In the case of a partnership, you each should have clearly defined responsibilities. Unless it’s specifically agreed that one person takes care of business.

One person could be responsible for tracking company profitability. Another could be responsible for overseeing the office staff employed by the company.

You must try to project the company’s profitability for a year. based on the income the company makes per month. You should make careful notes of the partners who bring in the most revenue. Also, note the clients who are most profitable for the company. Use company successes discreetly in marketing the company’s services.

Marketing Tips for Family Law Businesses

Professionals sometimes find hustling for business to be distasteful and sleazy. It doesn’t have to be that way if you’re doing it right. Reliable Family law specialists are always in demand. You must alert the relevant people in the community of your presence.

Remember, families, are at the heart of local communities. So make sure that the local community has an awareness of who you are and where you are. You could incorporate your company’s years of service into a slogan. Especially if those years are long enough, i.e. ‘serving the families of our community for 30 years.’

If your local area has a community newspaper. It’s no harm to slip in a discreet advertisement on a regular basis. It will put the word out that you’re available to help local families. It may also generate gratitude from the newspaper committee. It depends on revenue from local advertising to keep afloat.

Keep a cash float handy in case someone requests your company to sponsor or co-sponsor a local event. Such as a community fundraiser. Remember, they will display your name as one of the event sponsors. This gets your name out among local community members.

Plant the Seed and Reap Rewards

You may have joined the profession because of your passion for law. Or to do good work in the greater community. But those running their own business must develop business management and marketing skills. It takes a little work to get them. But they pay off in the end.

Australian Small Business Grants in 2019

April 29, 2019 by Reporter Leave a Comment

The Australian government is giving small businesses a boost with financial help in the form of payment incentives, tax credits or grants. To qualify for a grant, your business should be a start-up or a small and medium-sized business. The annual turnover of your business may come into play if you want to apply for some of the grants.

We will explore some of the business grants available to your business below.

Australian Government Entrepreneurs Program

To encourage productivity, competitiveness, and commercialization of ideas, the Federal Government is providing this grant to entrepreneurs. To accelerate commercialisation, the grant will give funding of up to $1 million for any process that goes into bringing a new product, service, and process into the market.

Business advisors will be at hand to mentor and help in implementing strategies. They will also help create a business evaluation action plan that will recommend how to grow and improve.

Your business must have an annual turnover of between $1.5 and $100 million. The company must also be in a particular growth sector like manufacturing, mining technology, medical-technology agribusiness, food, among others.

Start-up and existing incubators will receive up to $500,000 to help them access international markets.

State Government Grants – Victoria

These grants are available for people who live in the Victoria area and are available for anyone in food innovation, Social Enterprise, Defence and Aerospace, exports to Asia and advanced manufacturing.

Anyone who successfully applies will get vouchers that they can use in innovation, market engagement, and business capability.

Winning a state government grant can provide prestige and credibility, with the appearance of a small business critical to help it get off the ground. In addition, the most obvious benefit of this grant is that, unlike a loan, grants do not need to be repaid. This can provide you with a unique advantage over your competition.

According to the short-term finance experts at Maxiron Capital, “The approval of state funding can provide the same boost to a small business or start-up as a small business loan. With no repayments to make there is the opportunity to use short-term financing to scale at speed and drive home the advantage provided through state grants.”

State Government Grants – Queensland

This $50,000 Grant is available for businesses that need to purchase specialised Services or equipment. The grant aims to accelerate the growth of businesses that have high growth and employment aspirations.

According to the Queensland Government, Business Queensland, “Business innovation often requires an up-front investment of resources to develop new ideas, with a view to future profits. For businesses that are unable to fund their own ideas, a range of grants and financial assistance is available to support innovation.”

In order to find the specific grant, you can go over the Grant Directories.

State Government Grants – New South Wales

The $2000 Grant is for businesses that hire new employees without paying payroll tax. The company will get the grant for every new employee they hire.

There are typically two types of grants for employee hiring, both of which will require you to understand your taxation and legal rights. A Small Business Grant is aimed at small businesses looking to increase their headcount, which means businesses that are paying less than $750,000 a year in wages and therefore falling under the NSW Payroll Tax threshold.

With the ability of grants to transform your business, the legal experts at Southern Coast Lawyers indicate that “you should always be aware of relevant state legislation pertaining to your business. Knowing your legal responsibilities and ensuring you are working within these parameters can ensure you are eligible for business grants when they become available to you.”

Then there is the other typical grant that is the Jobs Action Plan. This is for larger businesses, so it is important to identify which type of grant suits your needs the most.

CSIRO Kick Start Grant

Any Australian SME or start-up can qualify for the $50000 matched funding Grant.

The fund will aid in research activities done together with CSIRO to grow the business. Your company must have an Australian company number (ACN) have an annual turnover of below $1.5 million, and GST registered.

The research will cover areas such as product development, ideas with commercial potential, and testing of products or materials. It should not be less than a one-year research project.

CSIRO will provide between $10000 and $50000 in matched funding for your research investment.

Certain Inputs to Manufacture (CIM) programme

CIM is a concession which will allow manufacturers in Australia to import specific raw material like chemicals, paper goods, plastic and metal for food packaging, duty-free.

You will only get the grant if you can prove that you cannot get the same quality of the product in the domestic market.

R & D Tax Incentive

The R&D tax incentive will give a company a 43.5% refundable tax, for any costs that arise due to research and development activities.

To be considered for the grant, the company has to be incorporated, and have R&D reductions or costs of $20,000 at the minimum. You must also have an annual turnover of no less than$20 million.

Australian Government Restart Incentive

The Australian Government Restart Incentive is a grant that will go to any business that employs and retains mature employees of age 50 and above.

The company must have a valid ABN, is a member of an unemployment service provider, and should offer the employee a minimum of 20 hours per week. Your company will receive a payment of $10,000 over six months.

Understanding the No-Win No-Fee Services in Sydney

April 11, 2018 by Reporter Leave a Comment

What is exactly a no-win no-fee service? Well… it sure doesn’t mean you won’t be paying to the lawyer in case you lose the case. Shocking, right!

So, here’s the deal with this service:

A no-win no-fee agreement is known as “conditional costs agreements”, which means you do have to pay some fee even if you lose. Let’s just say that it’s a play on words to give clients the peace of mind that they can pay less if they do not have any financial aid to fight a compensation case.

The Indemnity Principal

The indemnity principal in the courts of Sydney now follows these rules:

The client doesn’t need to pay the compensation lawyer for the case out of his pocket
The compensation lawyer are only allowed to issue a costs order if the settlement was made before hand
The compensation lawyer cannot ask his client to pay more for the legal costs even if the amount received from the unsuccessful party is less

This brings us to the question that why do we need to go for no-win no-fee agreements.

The current rules of the indemnity principal state that the compensation provided by the successful party will go directly to the lawyer. When they have settled their legal costs and other fees, the successful party is given the rest of the money

Not only does this give lawyers the benefit to get their hands on the legal fees first but they are also able to do pro bono cases while still getting a small amount for their services.

The “Win” in the No-Win No-Fee Agreement

As mentioned earlier, the “win” doesn’t exactly come free. There are a few disbursement charges that need to be paid, which include photocopying expenses, court fees, medical report fees, barrister’s fees and title searches. These charges are usually paid by the client in case he loses the case. However, there are a few companies that take the case completely free such as https://www.lawadvice.com.au/no-win-no-fee. On the other hand, if it is a win, the lawyer demands a slightly higher fee as compared to a standard costs agreement. Even in a situation like this, the client cannot be forced by the lawyer to cover legal costs that are above the margin.

In a way, this is a win-win situation for both parties because if the lawyer wins the case, not only is he reimbursed for the money he paid throughout the process but he also gets a slightly high legal fee for taking on a case that was dangling in the grey area.

Cooling Off Period

In case, you change your mind, you have five business days to inform your lawyer that you want to take back the case. You will not be charged any contingency fee or penalties for this.

The definition of a “win” here means that the lawyer guarantees a positive outcome. If the case does go in your favour, only then the lawyer is allowed to ask you for professional charges.

Seeking workers compensation: factors to consider

July 27, 2015 by Reporter Leave a Comment

If you are injured at work, you may be able to receive compensation from WorkSafe. However, there are a number of factors to consider before submitting a claim. It is important to discuss these important considerations with a compensation lawyer, prior to completing a claim for compensation.

It is important to first consider the aims and purposes of workers’ compensation and whether these align with your specific intentions. Importantly, workers compensation is separate to an option of pursuing common law damages against an employer. Instead, the aim of the workers compensation scheme is to

● provide injured workers with financial support;

● provide injured workers with medical benefits and other forms of support;

● to achieve an early, safe and appropriate return to work for the injured employee.

1. Type of claim

It is important to first consider the type of claim you seek to make. The various work related injury claims include;

● Permanent impairment claims

● Psychological injury claims

● Work break and journey claims

The type of injury that you have and the claim that you seek to make, will have a significant impact on the considerations made prior to completing a workers compensation claim. For example, if you seek to make a claim for a permanent inability to resume your previous field of work, your specific workers compensation arrangements will not include considerations relating to your effective and early return to work.

2. Certificate of Capacity

The certificate of capacity is used by WorkSafe to help understand your capacity for work and the payments you are entitled to. Obtaining a Certificate of Capacity is an important factor to consider when seeking workers compensation, as it will be used to develop an injury management plan with you and your employer, and facilitate your recovery at work should you be able to return. It is important to ensure that your Certificate of Capacity is an accurate reflection by your nominated treating doctor of your capacity to complete some or all pre-injury duties, or whether you do not have the capacity to undertake employment in any form. The Certificate will dictate the number of hours and days per week you have the capacity to undertake employment, and if the doctor certifies that you do not have a current capacity for employment, will include an estimate of the time until you will regain working capacity.

3. Compensation: Loss of wages and expenses

Before applying for workers compensation, it is important to consider exactly what compensation you may be eligible to receive. This may include compensation for loss of wages, reasonable medical bills, travel expenses and other related expenses. Where you are required by your employer or a medical practitioner to travel from your home to a medical appointment or rehabilitation provider, you may be eligible to claim for the travel expenses incurred.

It is important to be aware of these potential avenues of compensation prior to applying for workers compensation, in order to ensure that you keep all relevant documents and receipts from the outset. A consultation with a lawyer can be useful in determining these possible areas of compensation, depending on your specific case.

4. Weekly Compensation

If you are unable to perform your normal job, an important factor to consider is applying for weekly compensation payments. These compensation payments are based on the injured worker’s pre-injury weekly earnings. It is important to consider when applying for weekly compensation, that the formula for calculating the compensation will change over time and will be affected by how long you have been in receipt of compensation.

5. Retaining your pre-injury position

It is important to consider, in the cases of temporary injury, whether you seek to retain your pre-injury position once you are deemed capable of returning to work. Under the law, your employer must retain your pre-injury position for one year from the day you are entitled to receive weekly compensation payments.

These factors are important to take into consideration before seeking workers compensation. Seeking advice from a compensation lawyer can help ensure you understand each step of the process involved in a workers compensation claim.

Bio: Laura Costello is in her third year of a Bachelor of Law/International Relations at Latrobe University. She is passionate about the law, the power of social media, and the ability to translate her knowledge of both common and complex legal topics to readers across a variety of mediums, in a way that is easy to understand.

Reviewing the fundamental elements of your employment contract

July 27, 2015 by Reporter Leave a Comment

The foundation of any employment relationship is the employee’s contract of employment. Whilst existing in conjunction with the companies own policies and guidelines, an employment contract provides the fundamentals of what will hopefully become an ongoing and fruitful employment relationship, It is therefore important for all new employees to carefully review the fundamentals of any proposed employment contract with a business lawyer in Melbourne, in order to fully understand your rights and obligations under the contract.

The Position

Any employment contract should provide a prospective employee with a clear understanding of the job requirements, the hours of employment and the essential duties it entails. This should be written in straightforward language, so that you are fully aware of your expectations as an employee should you choose to enter the contractual relationship.

Understanding your obligations in fulfilling the position offered by the employee is important in regards to ‘repudiation’. In contract law this refers to unwillingness or an inability to substantially perform the contract and is grounds for termination. It is therefore important to understand the standards of performance that your prospective employer has included as terms of the contract, in order to avoid a breach of the contract which amounts to grounds for termination.

Length of Agreement

An employment contract should contain an original term of employment and specify conditions that are applicable in relation to extending or reducing the contract term. This is particularly important to review for those entering into seasonal or fixed term employment. This ensures that you are fully aware of the length of the employment, and that an extension of the term may not be a definite when entering the employment relationship.

Compensation

Adequate compensation for hard work is a fundamental of any employment relationship. If a salary has been negotiated it is important that these figures are entered into the contract, or that a base hourly wage that has been agreed upon by both parties exists within the terms of the contract. If the position involves the payment of a commission, it is important that the percentage is included and agreed upon as a term of the contract and that any overtime authorization policy that exists in the company is fair and agreeable.

Restraint of Trade and Confidentiality clauses

Restraint of trade clauses are commonly found in employment contracts and are therefore an important condition of employment which is hard to fully understand. Restraint of trade clauses regulate an employee’s conduct normally in the work area or workplace while employee is still engaged in the employment relationship and furthermore restrict a former employee’s conduct once the employment relationship has ended. This therefore also protects the employer’s business interests.

A restraint of trade clause can have lasting effects on your prospects – be it leaving your current work or then looking for other jobs, following the end of your employment relationship. It therefore is important to seek the advice of an experienced business lawyer in order to determine whether the terms are enforceable, and how they may impact you upon the end of your employment.

If a confidentiality clause exists in an employment contract it is important to understand exactly what is defined as ‘confidential information’. This will differ between companies and areas of employment, so it is important to ensure that you fully understand your obligations and the circumstances in which the disclosure of confidential information is permitted, should you choose to enter into an employment relationship.

Termination of employment

No termination of an employee’s employment will occur without a careful examination of the terms of that employee’s contract of employment. This is because the termination of employment is the end of the contractual relationship that exists between the employer and employee and therefore must comply with the terms agreed to within the contract. The elements of the contract in relation to grounds of termination are important for both parties, as they can result in claims for unfair dismissal under the Fair Work Act if a later termination of employment is a direct breach of the employment contract.

Reviewing these relevant terms in your employment contract with an experienced business lawyer is an important step in understanding your rights and entitlement for damages, should your employment later be terminated. It ensures that you enter into an employment relationship fully informed of your rights and obligations under the agreement, and will help foster a long and successful relationship with your future employer.

Lawyers

Unfair Dismissal Claims: What Are They & How Do You Avoid Them?

Don’t Rush A Dismissal

Work With Them

Hear Their Side

Ensure You Avoid An Unfair Dismissal Case

Financial Framework – Four Tips That Can Help You Get Out Of Debt On Any Income