Legal matters

If you receive a claim of legal action against your business, you need to make sure everything is in writing. Don’t discuss anything about the claim with the person who issued it over the phone – refer everything to writing.

There are plenty of businesses that fail. And it’s important that if your enterprise takes a turn for the worst, your personal assets are protected.

Getting up to speed with your legal obligations as a new business owner can be complex, but you don’t need to know everything by yourself.

sually a business will fire an employee if they have either clearly broken a workplace policy, or have committed a serious crime. However, it is more likely a sacking will occur when a policy has been broken. These can relate to occupational health and safety regulations, sexual harassment or even privacy. You are right to expect a reasonable level of behaviour in your workplace, and if this is not being met, following a number of warnings, you may be able to fire the employee. Some of these grounds could include theft, fraud, violence or the threat of violence and breaching health and safety policies. Also consider policies around information technology and what staff are, or aren’t, allowed to share over corporate networks and the internet. Breaches of policy could include sharing pornography over a network, or giving out other inappropriate material. Monitor the use of social media. Following some recent legal cases there are now grounds to fire staff based on comments made on social media – especially if those comments are made during work. Make sure these policies and procedures are clear, documented and are known to all employees. No staff member should have an excuse if a workplace policy is broken.

During a recent visit to Melbourne, Federal Small Business Minister Brendan O’Connor agreed to a chat with StartupSmart. This is what he had to say about the big issues facing your business. BY OLIVER MILMAN.

The competition watchdog says it will investigate fashion importers who are asking retail sites to inflate prices for Australian shoppers, warning suppliers could face multimillion dollar fines.

A franchisee couple has been awarded $1.22 million in damages after a successful appeal against franchisor Billy Baxter’s, prompting an expert to highlight the importance of site selection.

Restaurants and takeaway food outlets in WA, South Australia and the Northern Territory could be paid a visit by the Fair Work Ombudsman, who will be checking the books of up to 120 cafés.

Business and industry groups are urging Fair Work Australia to reject a claim for the minimum wage to be lifted by $26 a week, calling for a more “modest” approach to award wages.

Retailers can now employ school students for a minimum 90-minute shift as opposed to three hours, after the Federal Court upheld a Fair Work Australia ruling.

The Federal Government intends to expand the Small Business Advisory Council, says the council’s deputy chair Peter Strong, to assist in its search for the first Australian Small Business Commissioner.

A legal expert says start-ups need to consider the cost of licence fees before they adorn their products with images from movies or books, after a Brisbane fashion label produced Star Wars images on its clothing range.

Small business owners have a worryingly poor knowledge of a number of regulatory changes set to start in the new financial year, such as amendments to superannuation and the tax-free threshold, according to new research.

Business groups have welcomed the Federal Government’s Budget tax loss carry-back measures, although concerns remain over business tax levels amid local and global economic conditions.

During recent months, Wayne Swan has talked a great deal about small business. If the Government is serious about start-ups, here are 10 things that must be in the Federal Budget. BY OLIVER MILMAN.

Industry groups have issued their wish lists for the Federal Budget, with an emphasis on reducing red tape and taxes, but the Government is also under pressure to target Australia’s rich.

Local entrepreneurs have voiced their concerns about the Jumpstart Our Business Startups Act in the United States, which makes it easier for start-ups to raise funds through crowdfunding.

A franchising expert has issued a warning to prospective franchisees about exclusivity rights, after a former Jim’s Cleaning franchisee claimed he lost exclusivity in his assigned territory.

A roundtable hosted by the Council of Small Business of Australia and The Tax Institute has prompted calls for next week’s Budget to include a $30 million tax break for small business.

The reputation of the Federal Labor Government among businesses continues to falter, new figures show, as Prime Minister Julia Gillard attempts to cuts her losses over the Craig Thomson and Peter Slipper controversies.

The Council of Small Business of Australia and The Tax Institute will hold a round table in May, with the aim of clarifying the definition of small business for tax purposes and legal matters.

A Queensland-based technology company has issued a warning to start-ups that use YouTube, claiming that the online video giant terminated the company’s account over an alleged trademark infringement.

A legal expert is urging start-ups to implement policies regarding intellectual property created by their staff, after Twitter announced the introduction of an Innovator's Patent Agreement.

Those with an entrepreneurial spirit are renowned for their optimism, meaning the importance of insurance can often be overlooked. But not having insurance can be devastating on a business. BY NINA HENDY.