My name is Hayden, I’m a partner in HopgoodGanim’s Intellectual Property and Technology Division. HopgoodGanim is a national law firm. My practice generally comprises of advising clients on intellectual property issues both in terms of protection, commercialisation and enforcement. As well as looking at information technology, procurement agreements, licensing, SaaS-based arrangements, and informational privacy risk.
The law imposes certain requirements in terms for instance on how you manage staff payroll, staff rostering and making sure that staff aren’t underpaid or paid incorrectly against an Award. You have that obligation on you as an employer. There’s no sort of out or defence to not complying with those legal obligations. Simply because you didn’t have the technical smarts or infrastructure within your organisation to do it adequately to strict standards. Courts are not going to accept the fact that using an old solution caused the problem. You’re bound to comply with this and you need to do whatever you need to do in order to make sure that you do comply with it. And if that’s updating your payroll provider or using a more modern solution that can better deal with the challenges of the modern legislative regime that we all find in ourselves in as an employer. Then you would need to do that, and you should do that.
For small and medium business it would be crazy to not try and get whatever competitive edge they can, in order to compete in the modern world and to do business the best way they can. And you know, even in the past, the big IT solutions in SAP or enterprise resource planning solution was only available to the super big organisations, super big end of town. And it was only them who were able to take advantage of those smarts to the extent you can get something that is good if not better for a fraction of the cost quickly deployed within your small to medium business. Why would you need to do that. It would be crazy not to do it. So it’s just good business practice, I think to keep an eye out towards solutions that are out there, that might make life easier and more efficient and I guess more better from a risk management perspective in your organisation. You know you should be looking out for those things all the time as for innovative businesses do big or large or small.
Organisations I suppose that are really sensitive to business continuity. Obviously, sometimes they might have like a business continuity planning in place with and try to look up where issues might arise and plan out how they might manage those issues. So that is something that is commonly done. It is a matter of, I guess, doing a bit of a risk analysis seeing where the weak spots are within your organisation. Thinking about how you’re managing those weaknesses right now. What’s the quantum of risk that would arise if ‘X’ system didn’t go down for ‘X’ amount of hours or days. And think about how you could mitigate that risk either by looking other technical solutions or by changing your processors within your organisation. As well as just generally being prepared when something does happen. Scrambling to think what should I do, where should I look to, who’s responsible for this, or who should I blame? Having a plan ready to go that you can execute if something does go bad, I think is important.