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Businesses have the right to appeal prohibition or improvement notices issued to them by government bodies. In a recent case, the Fair Work Commission set aside a prohibition notice on the grounds that it was not reasonable in the circumstances and exceeded industry standards.
Competitions (also known as trade promotions) are an enjoyable and effective way to engage with consumers and promote your business and its products or services. Before conducting a promotion, it is important to ensure that it complies with the relevant state or territory regulations, which have a variety of requirements including obtaining permits in some cases, and mandatory requirements to include specific details in advertising material about the promotion.
Despite a downturn in business, employers need to be aware that they do not have unlimited discretion to select positions for redundancy and employees for retrenchment based on prohibited reasons such as exercising a right to take parental leave or requesting flexible working arrangements. In a recent case, the Federal Circuit Court held that despite a lack of profitability, the employer took adverse action against an employee on parental leave when it failed to return her to her pre-parental leave position and brought forward her redundancy.
Advertising is a fundamental aspect of every business. There are many tactics that can be used to attract customers including: comparing prices, highlighting savings, comparing the benefits of your product with a competitor’s, to name just a few. Whatever the method, businesses must be aware of the restrictions in place under the Australian Consumer Law (ACL). Recently a number of businesses have paid some significant penalties for advertising in a manner which is in breach of the ACL.