2014/04/17
2014/04/16
Ілжывыя гандлёвыя аперацыі
Эканамічны суд Магілёўскай вобласці ў сакавіку вынес рашэнне аб канфіскацыі ў грамадства з абмежаванай адказнасцю з Магілёва выручкі ад рэалізацыі тавараў у суме 1,062 млрд. рублёў.
Цэнтр процідзеяння кіберзлачыннасці
Цэнтр процідзеяння кіберзлачыннасці можа быць створаны ў Беларусі па ініцыятыве СК
Працаўладкаванне грамадзян, вызваленых з папраўчых устаноў
Вызначаны парадак арганізацыі і фінансавання мерапрыемстваў па працаўладкаванні грамадзян, вызваленых з папраўчых устаноў
Неправамерныя дзеянні дырэктара прадпрыемства / Неправомерные действия директора предприятия / Company director misconduct
У дадзеным артыкуле прыводзіцца прыклады неправамерных
дзеянняў кіраўніка прадпрыемства. Следствам дадзеных дзеянняў стала продаж
прадукцыі прадпрыемства па заніжаных цэнах, атрыманне паслуг прадпрыемствам па
завышаных тарыфах.
В данной статье приводится примеры неправомерных действий
руководителя предприятия. Следствием данных действий стала продажа продукции предприятия
по заниженным ценам, получение услуг предприятием по завышенным тарифам.
This
article provides examples of unlawful actions of a director. The consequence of
these actions was the sale of company products at reduced prices, purchase
services at inflated rates.
Хабар для атрымання дазволу дзяржоргана / Взятка для получения разрешения госоргана / Bribe to obtain permission of an agency
Дадзеная артыкул утрымлівае практычны прыклад атрымання
хабару для набыцця дазволу дзяржоргана адносна заключэння дагавораў на
перапрацоўку нафтапрадуктаў. Такія дагаворы заключаюць кампаніі ўласнікі
сыравіны з перапрацоўчымі заводамі. Таксама ў артыкуле ўтрымліваецца прыклад
таго як змяненне паказанняў можа паўплываць на судовае рашэнне.
Данная статья содержит практический
пример получения взятки для приобретения разрешения госоргана относительно
заключения договоров на переработку нефтепродуктов. Такие договоры заключают компании собственники
сырья с перерабатывающими заводами. Также в статье содержится пример того как
изменение показаний может повлиять на судебное решение.
This
article provides a practical example of taking a bribe for a permit of an
agency concerning conclusion of
contracts on petroleum refining. Such contracts conclude between companies
which are owners of raw materials and processing plants. The article also
contains an example of how changes of testimony may affect the judicial
decision.
Аналіз заканадаўства аб рэкламе / Анализ законодательства о рекламе / Analysis of the legislation on advertising
Аналіз заканадаўства аб рэкламе, асаблівасці і праблемы правапрымянення
Анализ законодательства о рекламе, особенности и проблемы правоприменения
Analysis of the legislation on advertising, problems' features and enforcement
Відеопрограмма праекта «Кампетэнтна аб праве » прысвечана разгляду наступных асноўных актуальных
пытанняў заканадаўства аб рэкламе :
• паняцце рэкламы і яе
абавязковыя прыкметы ;
• агульныя патрабаванні да
рэкламы ;
• паняцце « неналежная рэклама »
і асаблівасці яе вызначэння ;
• асаблівасці адміністрацыйнай
адказнасці за парушэнні пры стварэнні і распаўсюджванні рэкламы.
У відэапраграм прыняла ўдзел - Гаўрыльчык Іна
Анатольеўна , кансультант упраўлення абароны правоў спажыўцоў і кантролю за
рэкламай Міністэрства гандлю Рэспублікі Беларусь .
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Видеопрограмма проекта
«Компетентно о праве» посвящена рассмотрению следующих
основных актуальных вопросов законодательства о рекламе:
В видеопрограмме приняла участие – Гаврильчик Инна Анатольевна, консультант управления защиты прав
потребителей и контроля за рекламой Министерства торговли Республики
Беларусь.
http://pravo.by/main.aspx?guid=146653
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2014/04/15
Новае ў страхаванні / Новое в страховании / Сhanges in insurance
Кіраўнік дзяржавы Аляксандр Лукашэнка 14 красавіка падпісаў Указ № 165 "Аб унясенні змяненняў і дапаўненняў ва ўказы Прэзідэнта Рэспублікі Беларусь па пытаннях страхавой дзейнасці».
Глава государства Александр Лукашенко 14
апреля подписал Указ № 165 «О внесении изменений и дополнений в указы
Президента Республики Беларусь по вопросам страховой деятельности».
2014/04/09
Liquidation of your business
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The Exit Plan: Winding Up Your Business
– Part 1
Wednesday, 9th April, 2014, by Channa Perera
In today's Smart Tax Bulletin:
- Selling or closing your business: The first step
- 9 things to do when you wind up your business
Dear Reader,
Times are tough! For business and for individuals alike. And some of you might be feeling the ‘pinch’ worse than others.
But my heart goes out to the small business owners. They were the driving force of the economy for years, but financial hardships are getting to them.
So in today’s Smart Tax Bulletin, we will have a good look at tax effective methods of closing down your business.
Continues below…
...................................................................................................................................................................................................
9 things to do when you wind up your business
Once you have made the final decision to either sell of close down your business, you will need to do the following things:
- Cancel your ABN with the ATO and other registrations, such as your business name with the Australian Business Register. Keep in mind that you need to notify the Australian Business Register within 28 days of ceasing business activities.
- Lodge (business activity statements and instalment notices) or pay any outstanding debts that you owe the ATO.
- Cease all trading activities.
- Inform your creditors that you need an extension to pay the any outstanding bills, if relevant.
- Inform debtors about your situation and try to collect funds for all overdue accounts.
- Inform employees of the situation – ask your staff to take their leave and other entitlements prior to closing down.
2014/04/05
Union right of entry
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Case law: Breach of union right of entry for
safety reasons
Thursday, 20th February 2014, by Joanna Weekes
In today's Health & Safety Bulletin:
- A recent case demonstrates the importance of understanding your responsibilities when it comes to union rights of entry
Dear Reader,
There are different rules for union rights of entry under WHS legislation versus the Fair Work Act – and the interaction between these rules can cause confusion.
Today, Michael Selinger, Editor-in-Chief of the Health & Safety Handbook looks into a recent case where an employer did not allow a union official to enter the workplace regarding alleged exposure to asbestos. The employer's argument was rejected by the Court.
Read on for more detail on the matter…
Warm regards,
Joanna Weekes
Editor
Health & Safety Bulletin
Editor
Health & Safety Bulletin
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Union right of entry for safety – a refresher
By Michael Selinger
Editor-in-Chief, Health & Safety Handbook
The importance of training your managers in the union right of entry laws was highlighted by a recent case where an employer failed to defend a claim against it for breaching the rules. In Federal Court decision of Ramsay v Sunbuild Pty Ltd [2014] FCA 54, the Court considered a situation where union officials sought access to a business regarding alleged exposure to asbestos.
2014/03/14
The dismissal for a wilful misconduct
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How a spoonful of Milo landed Coles in hot water
By Jessica Oldfield
In today's Workplace Bulletin:
- Case study: Homes v Coles Group Limited
Dear Reader,
Dismissing an employee for misconduct can be risky. You must understand when dismissal is unlawful.
Dismissing an employee for misconduct can be risky. You must understand when dismissal is unlawful.
Your decision to dismiss an employee must be based on defensible and lawful reasons. This means you must be able to show:
- that the dismissal relates to the employee's capacity or conduct; and
- that the facts and circumstances constituting the reason for the dismissal can be proven.
If a tribunal, such as the Fair Work Commission (FWC), reviews your decision to dismiss on fairness grounds, it will expect you to justify that dismissal was the appropriate response to the problem. That means, the punishment must fit the crime!
Today, Charles Power is going to take us through a recent case in which the Fair Work Commission considered these things.
Over to Charles…
Jessica Oldfield
Editor
Workplace Bulletin
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that the Australian Taxation Office will audit your business |
Case study: Homes v Coles Group Limited
By Charles Power
Editor-in-Chief, Employment Law Practical Handbook
In Homes v Coles Group Limited T/A Coles Warehouse Edinburgh Parks (2014), the FWC reinstated a worker who was found to have been dismissed unfairly.
The facts of the case are as follows:
Coles Warehouse provided Milo, among other things, in its break room for the staff to consume during their breaks. An employee regularly took some of the Milo home in a container to mix it with his own drinking chocolate, coffee and raw sugar. He would then bring the mix into work for consumption during his breaks.
Coles Warehouse provided Milo, among other things, in its break room for the staff to consume during their breaks. An employee regularly took some of the Milo home in a container to mix it with his own drinking chocolate, coffee and raw sugar. He would then bring the mix into work for consumption during his breaks.
On 30 August 2013, management at Coles Warehouse was informed by another worker that the employee had been seen spooning Milo into a container and putting it in his bag.
2014/03/13
Dismissal of an ill or injured worker
 7 must DOs before you dismiss an ill or injured worker
Tuesday, 17th February 2014, by Joanna Weekes
In today's Health & Safety Bulletin:
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Dear Reader,
If you have an ill or injured worker, you might think that it is in your best interest to get them back into the workplace and working as quickly as possible - but this is not always the case. Early return to work is not always the right approach, it can agitate and extend an issue that could have been resolved in a shorter time with more rest.
The decision to return a worker to work should be based on what the worker is capable of safely doing when they return to work.
The decision about when a worker should return to work should be made with consultation between management, the worker, and after seeking professional medical advice.
What if the worker is not fit for their pre-injury duties?
If you determine (with the advice of a medical professional) that the worker will not become fit for their pre-injury duties for the foreseeable future, you will need to decide whether:
If both parties agree to the modified duties, then a new contract of employment can be drawn up. If this is the case, you can set goals that you and the injured worker have agreed on to ensure there is a clearly communicated expectation that the injured worker will return to their pre-injury duties.
Remember, if a worker continues on modified duties for a prolonged period with no current plan to return to their pre-injury duties, it is arguable that the worker has been permanently appointed to a new role. When this occurs, the worker's old contract of employment is effectively terminated and replaced with a new one.
If this were the case, you would be unable to dismiss the worker on the basis that they are permanently unable to return to their original position, as they have been appointed to a new role.
7 things you MUST do before dismissing an ill or injured worker
Employers are generally prohibited from dismissing an employee because of incapacity due to illness or injury. However, there are certain circumstances in which you can dismiss an employee who is ill or injured.
Before you terminate an injured worker, you must ensure that you do the following things:
 Joanna Weekes Editor Health & Safety Bulletin |
2014/03/07
Medical information from emloyee
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When can you ask an employee for
medical
information?
Monday, 17th February, 2014
By Jessica Oldfield
In today's Workplace Bulletin:
- When can you ask an employee for medical information?
Dear Reader,
Employees have an entitlement to take accrued paid personal (sick) leave under the Fair Work Act 2009 (Cth)(FW Act) if they are not fit for work because of a personal illness or injury. You can ask an employee to provide you with reasonable evidence of their reason for taking sick leave, such as a medical certificate.
Employees have an entitlement to take accrued paid personal (sick) leave under the Fair Work Act 2009 (Cth)(FW Act) if they are not fit for work because of a personal illness or injury. You can ask an employee to provide you with reasonable evidence of their reason for taking sick leave, such as a medical certificate.
But often medical certificates don't give very much information… so what happens if you need to know more about the employee's illness or injury? Charles Power is going to address that question today.
Until next time…
Jessica Oldfield
Editor
Workplace Bulletin
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When can you ask an employee for
medical
information?
Editor-in-Chief, Employment Law Practical Handbook
To exercise the entitlement to sick leave, the FW Act provides the employee must give his or her employer evidence that "would satisfy a reasonable person" that sick leave is being taken for this reason.
The kind of evidence an employee must give to take paid sick leave can be explained by a modern award or enterprise agreement applying to the employee and his or her employer.
2014/03/04
The right to dismiss an employee for conduct on social media - Part 2
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When you CAN'T dismiss an employee
for
comments made via social media - Part 2
Friday, 7th February, 2014
By Jessica Oldfield
In today's Workplace Bulletin:
- An easy way to manage your own super
- Case study: Fired for a Facebook comment – Part 2
Dear Reader,
In Wednesday's Bulletin, Charles Power told us about a recent case in which an employee was dismissed for comments she made via Facebook private messages. The employee lodged an unfair dismissal case and won. Today, Charles will explain a little more about the ruling.
But before we get to today's article, I just wanted to take a moment to let you know about something that may be of interest to you…
Finally – an easy way to manage your own super
The popularity of self-managed super funds (SMSFs) has been skyrocketing of late – and it's little wonder…
With an SMSF, you get to decide when, how and where your retirement money is invested, not to mention make all the crucial decisions that affect your financial future.
But knowing exactly how to go about starting an SMSF can be a daunting task...
For starters, how do you set it up? What about all the duties you will have as a trustee? And how will you stay up-to-date with any changes to the law that affect your role?
If you're considering setting up an SMSF and don't know where to start – or you already have one but you're concerned about how you'll stay on top of your responsibilities – there is now a simple, cost effective solution...
Have a great weekend!
Jessica Oldfield
Editor
Workplace Bulletin
The right to dismiss an employee for conduct on social media
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When you CAN'T dismiss an employee
for
for
comments made via social media - Part 1
Wednesday, 5th February, 2014
By Jessica Oldfield
In today's Workplace Bulletin:
- How to protect your business from the risks of social media
- Case study: Fired for a Facebook comment – Part 1
Dear Reader,
As we've discussed in a past bulletin (see HERE), employers are able to dismiss employees for conduct on social media.
However, an employer doesn't always have the right to dismiss an employee for conduct on social media. This week, Charles Power is going to take us through a case in which an employee made a claim for unfair dismissal after she was fired due to comments she made through social media.
But before we get to today's article, I just wanted to remind you all about our eBook, Social Media & The Law…
How to protect your business from the risks of social media
Portner Press' 40-page eBook Social Media and the Law: Managing the Legal Risks for Your Business is written by Employment Law Practical Handbook Editor-in-Chief Charles Power, and it covers:
- The legal risks your business faces due to social media - and how to minimise them
- How to regulate and monitor your employees' social media use
- Where you stand if your business' confidential information gets shared online
- How to implement and enforce a legally sound social media policy
- And more!
Social Media and the Law: Managing the Legal Risks for Your Business will help you build and implement a legally sound social media policy for your business - one that maximises the opportunities and minimises the risks when you or people working for you use social media.
It costs just $49.95, and you can download it right now here.
Over to Charles…
Jessica Oldfield
Editor
Workplace Bulletin
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