Archive for January, 2013

01.11
13

Employment Law – The Enforceability Of Post Employment Restraints Of Trade (vic.)

by como ·

Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.

To acquire competitive business advantage in an increasingly globalized and networked world of pharmaceuticals, genetics, telecommunications, power supply and information technology requires the employment of highly qualified, well educated, experienced and clever employees.

Potential employers and employees are both well advised to seek legal assistance when drafting or accepting terms of employment. Due to the seniority of these employees, their employment contracts are less likely to be workplace agreements but more likely to be private , one-off, contracts of employment.

Often, employees in the pharmaceuticals, genetics, telecommunications, power supply and information technology industries will have access to secret and confidential information which is both price and market-sensitive. This information might be chemical formulae, scientific and technological data, chemical, electrical or manufacturing trade processes, hardware or software engineering designs, or a range of other sophisticated technological and scientific information. The potential employee will need access to this information to perform his or her anticipated role. When the employment relationship ends, however, the employer is faced with a double problem. First, the employee is leaving. Whether the departure is voluntary or involuntary, it will be an inconvenience and a disruption to the employer. Secondly, and more importantly long term, the departing employee will take with him or her, knowledge of the secret and confidential information which may be the very basis of the employer’s competitive advantage in a particular industry or market.

To minimise this long term disruption, employers often include restraint of trade clauses in employment contracts when employing people in these sensitive areas. Commonly, the restraint of trade will prevent the former employee from seeking employment with any competitor of the former employer in the particular market for a period of time.

In current times, where there is a shortage of trained staff, particularly in scientific and technological areas, the reason why an employee departs is generally because he or she has received a better offer from a competitor.
In deciding whether or not to enforce the restraint of trade clause against a departing employee, Victorian courts have to balance a number of competing factors.

First, neither Australian nor Victorian general law will restrain a former employee from seeking employment with a competitor. Any such restraint must be found in an enforceable clause in the contract of employment with the former employer. Employers, therefore, should always ensure that staff are employed pursuant to written contracts of employment which contain enforceable restraints of trade.

Secondly, Victorian courts will not allow employers to prevent former employees from conducting a living by practising the skills which may have taken many years to acquire through university courses or practical experience. However, this is only a general rule or starting point.

Thirdly, Victorian courts will not allow former employees to obtain an unfair springboard into a new career by abusing the trust of the former employer. Examples are where employees spend an entire weekend photocopying price lists, formulae, client contact details and other confidential information and then resign the following Monday morning to set up a competitive business the following Tuesday morning.

Essentially, Victorian courts perform a balancing act between the competing interests of the employee to be able to continue to gain a living on the one hand and the employer’s interests of being able to reasonably prevent the disclosure of confidential and secret trade-sensitive information to competitors when the employment relationship ceases.

The sorts of factors courts have taken into account are as follows. First, Victorian courts will look to see whether the restraint of trade is reasonable or is too restrictive. Any restraint which tries to prevent an employee from working not only in the particular business of the former employer but any other associated or ancillary business is likely to be struck down. Likewise, a restraint which seeks to prevent an employee from working for an excessively lengthy period (generally more than 12 months) is also highly likely to be struck down and declared unenforceable. To overcome these problems, lawyers draft restraint of trade clauses to have a “waterfall” effect. The clause contains a number of alternatives, for example, starting from a very wide restraint and then proceeding to an increasingly narrow restraint in terms of future employment activities or in terms of length of time. Each one of the alternatives is severable from the contract if declared unenforceable by a court. Accordingly, a court might reject a restraint which provided for former employee X not to be employed in any pharmaceutical industry within South East Asia including Australia. The court, on the other hand, may be prepared to enforce a restraint which prevented employee X from being employed in the field of molecular genetic artificial-blood technology in either Melbourne or in Sydney for a period of one year. Such a restraint is far more precise and reasonably protects the former employer’s confidential information whilst allowing the employee to seek employment in the general field of molecular genetics.

A court must also be satisfied that an employer’s fears are genuine. For instance, is the information really secret and confidential? If the information is only knowledge which an employee would obtain through the repetitive working of his or her ordinary job, courts are less likely to regard this as secret or confidential information. Other sorts of information which are publicly available (even such as client contact details and price lists) may also not qualify. If there is no secret or confidential information, then there can be no restraint of trade.

Courts will also look to see whether the employee was specifically compensated for the restraint when first employed. If an employee received a specific additional sum as a hiring incentive for a longer than normal restraint of trade, courts are more likely to be persuaded that the restraint, when ultimately applied, is reasonable. The employee has accepted the restraint when first employed and has received a specific benefit for it.

Another factor which courts will examine is the seniority of the former employee. The more senior, the more likely it may be that the now departed employee may be capable of encouraging other staff to follow him or her and more capable of influencing former clients to switch allegiance. Alternatively, if the former employee was not employed in a managerial position and was only employed at either a junior or specific technical level, courts may be less worried about wholesale client or staff defections which would need to be prevented by the restraint of trade clause.

Until recently, courts seemed reluctant to enforce restraints of trade for more than 3-6 months. However, recent New South Wales Supreme Court authorities seem to be swinging the pendulum back in favour of employers where the balancing exercise outlined above suggests that the restraint of trade does need to be enforced to reasonably protect the former employer’s market and confidential information interests. For instance, Brereton, J., in John Fairfax Publications Pty Ltd v. Bert & Ors [2006] N.S.W.S.C. 995 upheld a restraint of trade for 12 months in relation to a former employee who had been employed at a senior level. The same judge, in Cactus Imaging Pty Ltd v. Peters [2006] N.S.W.S.C. 17 (18 July 2006) also enforced a restraint of trade for 12 months in a situation where the former employee operated in a restrictive market or oligopoly.

This is a complex area of law. Contracts of employment generally and restraints of trade particularly need to be carefully drafted to have their intended legal effect.

Employers and employees need to be carefully advised on the range of tactics available in post employment scenarios.

01.10
13

Save your baby’s cord blood through Cord blood stem cell banking

by como ·

Hello, I am John Franks and I am writing this to share my ideas on Cord blood stem cells. Cord blood is composed since it contains stem cells, as well as hematopoietic cells, which can be used to care for hematopoietic and hereditary disorders. Although the cord blood does contain stem cells, there are usually not enough stem cells in one unit of cord blood to treat a mature patient. The placenta is a much better source of stem cells since it contains up to ten times more stem cells than cord blood. The use of cord blood stem cells in treating situation such as brain injury and type I diabetes is already being studied in humans, and earlier stage research is being conducted for treatments of stroke, and hearing loss. However, apart from blood disorders, the use of cord blood for other diseases is not a routine clinical modality and remains a major challenge for the stem cell community. Cord blood stem cell banking is an once-in-a-lifetime chance to save our baby’s cord blood stem cells for possible medical uses. Collecting cord blood is a simple, safe, and effortless procedure that usually takes less than five minutes and happens immediately after birth. After the umbilical cord has been cut, the left over blood in the twine is composed. The cord blood is then shipped to the laboratory and ice-covered in cryogenic storage tanks for long-term preservation. Our baby’s umbilical string and cord blood contain lifesaving trunk cells. With Cryo-Save, Europe’s leading stem cells bank, we can save them for a lifetime; thus giving your offspring the best start in life and peace of mind for the future.

At current, umbilical cord blood stem cell storage is done for management of certain high-risk illnesses. In together vaginal and cesarean deliveries, group of cord blood is done before long after delivery however, quantity of cord blood collected in case of caesarian deliveries is less. The process for collecting cord blood is carried out by a practiced midwife or a medical doctor. Months before your due date, the cord blood bank sends you a group kit that contains everything that is needed for the process. The bank also sends your OB or Midwife commands to make sure he or she knows how to collect the blood. When baby is born, and the umbilical cord is cut, the OB or Midwife collects the blood from the left behind umbilical cord and placenta (not from baby) into a needle or blood bag. This cord blood stem cell, banking, storage are the best thing for our babies for saving life for them.

About the Author:

This article is written by Jackson daren this is having topics on Cord blood stem cells, Cord blood stem cell banking, cord blood stem cell storage and many more. For more: http://cryocell.wordpress.com/

01.4
13

How Should I Convince Management To Implement An Iso 27001 Certification

by como ·

The hardest part of the ISO 27001 process is convincing the management team that an investment in information security makes sense, and is something from which they will see a return. It is practically impossible to calculate the return on investment from the implementation of ISO 27001 because there are no revenues to be made, however, a company would see cost savings instead and it is by looking at these that we can estimate the financial benefits.

Firstly you need to think of the potential cost and damage an incident could cause. This however is complex and there are many factors that need to be taken into consideration. One factor is the scope of the accident how many departments and processes would be affected, an incident could potentially take out the systems of an organisation which would cause havoc as people would not be able to work effectively. An organisation may need to invest in new equipment or materials that were damaged by the incident and employees may need retraining or may have to take time out of their day to attempt to resolve the issue. Then lastly there are the legal penalties you may well face and lost revenues from both existing and potential clients.

Once you have calculated the Single Lost Expectancy you can calculate the likelihood that such an incident would occur in order to estimate the Annual Lost Expectancy. By subtracting the amount you would have to annually pay for an ISO 27001 certification from this Annual Loss Expectancy you will be able to see in real terms if the investment is worthwhile. Again there are different elements to the security systems you need to think about the initial cost and the internal and external costs of maintenance. Of course the major advantage is that the money that you spend on implementing the systems the less likely it is that an incident will occur.

Although you can be extremely sceptical about the final figure that ISO 27001 could save you – after all how are you expected to estimate the likelihood of an event happening but the main point is that with these figures you are speaking in your managements language. By presenting clear cut figures your chance of being heard is increased because you can give them simple figures that outline the advantages in real profit and loss terms.

01.3
13

How To Qualify For An International Business Loan

by como ·

If you are moving your business to another country, expect that a huge amount of capital will be needed. Few business owners have the savings to avail of international expansion opportunities. The goal of an international business loan is to fill in the gaps to help you achieve your business goals. The current economic crisis may require you to procure a loan, but not all businesses qualify for one, however.

Good credit is the most important factor affecting the approval of a business loan. This can be determined based on the financial status of your business. Lenders look at your personal or business credit score. Credit scores show your credit history summarized into a single amount. If your business credit score is high, it will be to your advantage.

Other important factors include a good business plan and down-payment. A business plan is a requirement for an international business loan. The lender wants to see if you have given the situation ample thought by being able to present them with projections and contingency plans for your business. The down-payment of at least 20% percent of the amount being loaned is usually required by lenders.

Lenders typically set a maximum loan amount for a capital international fund. The amount depends on the need, business size, and the capability for repayment of the borrower.

Like any other business other loan, international business loans require collateral. Only properties located within US territory is acceptable as collateral. The first credit or mortgage is undertaken by the lender, and other collaterals may be mandatory, such as personal guarantees. Some international business loans have maturity periods. This is the date when the loan is supposed to be paid in full, and there are loans with maturities of up to 25 years.

International capital investment made by financial institutions helps worldwide businesses develop and continue to maximize profit. Their investment may include loans which are only given for a particular period along with a certain interest rate. Loan approval depends on the credit-worthiness of the borrower, not the personal credit standing. It is imperative that when applying for a business loan, your company’s name must be stated, rather than your personal name.

01.2
13

Cult Wines Ltd – best place for fine wine investment

by como ·

People are always looking for some new investment sector as per their risk appetite. Yeah many times wrong investment can burn all hard work into ash. So, after having a big recession and still Europe economic crisis on the go one always look for safe investment. In last decade one sector has outperformed in an all recession and it is wine investment and fine wine investment.

Before doing any investment there is certain thing which is very important to take care to be safe and secure. One must have to identify some risk factors and all. So first step is to decide on which sector you want to invest then how much amount, and would you like e o one amount or you want systematic investment plan.

Timing of investment is also plays a big role in high return on investment. The most important point is that when you are investing, the time is very important; its totally depending upon current market condition. If you have analysis of market condition you would opt for wine investment. Look at the statistics for wine investment In UK, before a decade, fine wine portfolio was around 10000 and after decade it is almost 50000.

Wine investment will not have adverse effect if any economic crisis happens globally. As we can see in last recession wine investment standout and gave high return. So one can easily say wine investment can give return even in recession. In last 10 years wine investment has given 900% return which is really impressive and attractive.

Cult wines Ltd is the leader where you can get the rarest wines at very competitive rate and if anyone wants to go to the most safe and secure investment than will preference go to the Cult Wines Ltd also Cult Wines Ltd provides solutions for sourcing, investing, storing, selling and consuming Fine Wine of any kind to the investors or for any type of businessman. Cult Wines Ltd provides the fined tuned portfolio mainly designed for high capital growth and accounts and regulated mostly at warehouses. Cult Wines Ltd mainly deals with active foreign and domestic holdings and if any beginner wants to invest in the market than no safe investment except in wines and Cult Wines Ltd where you will get higher returns on investments and also provides the portfolio management services.

So far by this information I hope one can easily take decision for wine investment and Cult wines ltd can help you to build right wine portfolio.

01.1
13

The Effects of Global Terrorism on the Events Industry

by como ·

Many people consider the impacts on industries that are directly related to the terrorist actions, such as the insurance industry. However, few consider the impact on an industry such as the events industry. While some people may not be able to see a link to the events industry as strongly as to an industry such as the airline industry, it is there. While there are many different types of events they all have some aspects in common. They all need attendees in order to occur or at least occur more than once. In order for an event to be successful people need to be drawn to the event and motivated to attend. There are many different factors that can persuade people to attend an event, but one of the main factors is whether they can get to the location of the event.

The ability to travel to an event for any attendee has now been seen to be endangered by Global terrorism. This is especially felt in regard to air travel since the tragic events in New York in 2001 which have lead to such huge changes throughout the world. People no longer feel as confident traveling to other countries on airplanes and as therefore less likely to attend events that require them to make use of that form of transport. Other forms of transport are also perceived as dangerous to use when traveling to an event in different areas of the world. This then limits the number of people who are willing to travel to a particular event, in particular well known people who may fear that they will be targeted during their journey to an event.

Global terrorisms effects may not be overtly visible, but they have lead to a curtailment of a completely carefree way of life. Many people can also fear to attend an event as it may be a magnet for terrorists who wish to make a statement by disrupting the event. The disrupting of a particular event due to the forces of global terrorism can take many forms. These forms could include protesting particular actions of parties associated of the event. Otherwise it could take the more dangerous form of violently targeting parties attending the event. This has lead to many people avoiding any event where many people are gathered or where subjects related to the event are seen as controversial by terrorist organizations.

Different events may carry a different level of risk for people attending them so a meeting of government agencies may be far more likely to be targeted than a musical event in a park. The importance or perceived importance of a particular event can also determine whether it could be targeted. The thought of being targeted by global terrorism is enough to prevent people from attending any event, which has lead to a great decline of many different types of events that may previously been well attended, particularly by people who are not local to the area. This has lead to a direct link between declining fortunes of the events industry and global terrorism.