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Website blocking for copyright holders, Employment for a specified task + procedural fairness
 
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Not-for-Profit Law Notes - Emil Ford Lawyers
April 2016
Dear <<First Name>>,

Copyright breaches by website owners have been hard to police … until now! In this issue of Not-for-Profit Law Notes, we look at new laws which have been introduced to attempt to reduce this problem.  

Also in this edition, we consider two cases where employers have ended up in Court as a result of employees crying unfair. One involved a not-for-profit organisation but both provide important lessons for all charities and not-for-profits.

Enjoy the read!

Regards,

David Ford
Website blocking injunctions provide new remedies for rights holders
Copyright owners can now apply for an injunction requiring an Internet Service Provider to disable access to online locations outside of Australia where the primary purpose of that online location is to infringe copyright.
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Procedural Fairness and the Greyhound trainer
All charity and not-for-profit organisations must observe the principles of procedural fairness when making a decision regarding an employee, especially if that decision has the potential to affect the rights, interests or legitimate expectations of an individual.
 
A recent Supreme Court case involving a greyhound trainer and former President of the United Queensland Greyhounds Association highlights some simple rules for charities and not-for-profit organisations regarding procedural fairness.
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Employment for a specified task

An employee had been employed by a consulting agency to provide technical support for a client’s construction project. The employment contract provided that the contract would terminate on the “demobilisation of the project”. The employee was dismissed after her employer was informed by the client that the employee’s consultation services were no longer required. 

When the employee commenced an action for unfair dismissal, could the employer rely on the specified task exclusion of the Fair Work Act 2009?

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