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Trade and Service Issues
Bulletin 03/09 BOILER PLATES ARE SO
DANGEROUS Did you hear the one about ... ... the freight forwarder/employer who was given several boiler
plate industrial relations documents to choose from (otherwise known as
precedents or standard letters), by an Industrial Relations Advocate who
sometimes does work for members of the freight forwarding and border
compliance industry. We emphasise at this point that the Industrial Relations Advocate
was DEFINITELY NOT PETER ROCHFORT. A line was drawn through some of the text in one of the
boiler plate documents and the Industrial Relations Advocate suggested that
this crudely amended boiler plate be sent to an employee of the employer. The employee used the boiler plate letter in their case against
the employer in the Industrial Relations Commission and was awarded
$8,000.00, solely because of the inappropriate text in the boiler plate
letter. If the inappropriate letter had not been sent to the employee,
the employer would have won. The boiler plate letter did not correctly
reflect the true situation between the employee and employer. It was
unfortunate, but by describing the situation incorrectly in their letter, the
employer was bound to what they had written by the Industrial Relations
Commission. We suggest: ... whenever you use a "standard letter" or boiler
plate document in any situation, you should take extreme care to ensure that
what is said in the letter, is appropriate, in the particular circumstances. The fact that the employer acted in good faith and in a genuine
endeavour to resolve an untenable situation could not save them, because of
what was contained in their letter. We suggest that you take the utmost care before using a
"standard letter" in any situation, and especially where there
maybe significant money involved. A standard letter will not always be
appropriate in every apparently similar situation. Asking for a second
opinion protects you and your business, even if on a first glance the "standard
letter" seems to be perfect for what you have in mind. Please do not hesitate to contact me with any questions? With best regards, John Law Solicitor and Director; Licensed Customs Broker The Down Under Trade Group, for Justice, Trade & Customs "Our
Industry Experience, makes the difference"
Bennelong Legal Central Coast Lawyers Down Under Legal Down Under Trade Group mediating LATERAL Solutions - Dispute Resolution without Litigation This email and any attachments are confidential and may be
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