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.

You need to be absolutely certain the theft is happening within the staff. You cannot approach a specific employee and accuse them without evidence – you don’t know whether an employee has committed theft if you haven’t seen them do it.

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.

Employers will face a three-pronged pay push in coming months as unions seek pay increases for adult apprentices and other workers, while junior retail workers could also receive a pay rise.

Business groups have welcomed Brendan O’Connor’s appointment as Small Business Minister, but expect the former union official to quickly get to work on meaningful reforms in the sector, especially when it comes to cutting red tape.

The Australian Securities and Investments Commission has released regulatory guidance to help businesses prepare for its new national register of business names.

Brendan O’Connor has been named Australia’s new Small Business Minister, with Julia Gillard heeding business calls by making it a Cabinet position.

The Franchise Council of Australia will tomorrow discuss a voluntary code of conduct for retail landlords and tenants, but the Shopping Centre Council is strongly opposed to the idea.

Labor Senator Mark Arbib has stepped down from his role as Small Business Minister, much to the exasperation of the small business sector, which will now have to deal with its fourth federal representative in five years.

Office politics is brutal and can bring down a company completely. Here are five ways to stop it before it starts.

Labor’s leadership battle could cripple the already-fragile state of business confidence, business groups warn, with concerns raised over how Kevin Rudd’s potential return would affect conditions.

The taxman will check all coffee shops that purchase more than 15 kilograms of coffee beans per week to ensure they’re not skimming cash, in the latest crackdown on the cash economy.

Whether it’s Kevin or Julia that ends up in charge, it’s time for Australian start-ups to get a fair shake of the sauce bottle. Moving forwards, here is a no-spin 10 point plan to boost the numbers for Australian small business. BY OLIVER MILMAN.

Employee Matters founder Natasha Hawker launched her HR consultancy despite having three young children and an unemployed husband. Will the venture overcome these hurdles?

The small business sector is continuing to lose confidence in the economy, according to the Australian Chamber of Commerce and Industry, as it calls for changes to unfair dismissal laws.

The Australian Taxation Office is expecting 12,500 complaints this year about micro employers failing to pay employees’ superannuation, amid proposed laws to crack down on the issue.

The Australian Taxation Office has issued a strong warning to accountants and clients who filed returns in 2010 under the Personal Services Income provisions, warning them of random audits.

Rebel Cheesecake Shop franchisee Brad Skuse has taken down cheesecakeshoplie.com following claims that he had breached a prior agreement by launching the site, which is fiercely critical of the company.

Retail landlords are offering generous incentives to new tenants, but start-ups still need to do their research before signing a lease.

Renegade Cheesecake Shop franchisee Brad Skuse has set up a site critical of the company, called cheesecakeshoplie.com, six months after being forced to take down cheesecakeshoplies.com.

Australia’s small business commissioners have agreed to share information about the issues facing SMBs, but a small business lobbyist says a Federal commissioner is still needed.

The Fair Work Ombudsman has launched a franchise program in a bid to strengthen the sector, teaching franchisors how to best promote compliance with workplace laws.

A two-year-old travel advice website has scored a victory against Google, with the search engine giant reinstating Rusty Compass' AdSense account and repaying the $131 it had withheld following a months-long drama.