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Today we give you our top legal tips for dealing with commercial disputes. To help us with this bold task, we bring back on the show Jayne Qorraj, who heads up our litigation, dispute resolution, and also employment divisions here at Aspect Legal.
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Episode Highlights:
* Disputes with employees
* Navigating industry awards
* Bullying and harassment in the workplace
* Outstanding money with customers, clients or suppliers
* Partner or shareholder disputes
* IP and brand protection disputes
* An overview of the dispute process
* Our takeaway tips
Disputes with employees
It can be quite costly and time consuming for businesses in dealing with these disputes. There are a number of common types of disputes that we see quite often. The most common type of dispute we see are disputes with employees. Under this umbrella, the first type of employee dispute is unfair dismissal.
It can be very time consuming and costly type of claim for an employer. Part of that is just because it's quite easy for an employee, disgruntled employee to bring an action against an employer and then of course they're forced to deal with it. They have no option other than to put out a defense to the matter. And often we see that they will run right through to a mediation and/or final hearing can really be quite time consuming and costly especially for small business owners.
When you get to the point of termination of a contract, and here we're talking about employment contracts of course, it’s when the relationship has completely broken down irretrievably. That is the most common point of dispute because there's no way that you can use personal relationships or you're far less likely to be able to use commercial outcomes to drive the outcome that you're after because the relationship is already terminated. This is probably why this is one of the common points of dispute that we see arise again and again, when employees are bringing unfair dismissal actions because they've been terminated.
Navigating industry awards
Another area that we see coming up time and time again is difficulty that employers might have with understanding and properly interpreting industry awards. A lot of the awards are quite lengthy and can be quite difficult to navigate so that's something that we see comes up.
Off the back of that, there can be issues with unpaid statutory entitlements or penalty rates and other types of things that are allowed for in awards that an employer may not even be aware of. Obviously, there can be claims for backpay and other unpaid entitlements which again is something that can be quite time consuming for the employer to have to address.
Bullying and harassment in the workplace
We are seeing an undercurrent there to deal with bullying or harassment in the workplace, specific instances where things have happened at w...