All publications relating to ‘Employment’
Redundancies: New case sheds some light on consultation and redeployment obligations
Depending on how an employer goes about things, terminating staff who are surplus to requirements, can have very different legal consequences. This article looks at the lessons for employers in this situation as apparent from decisions by the Fair Work Commission (FWC) and the Australian Industrial Relations Commission. The Fair Work…
Employment law myth No.7: “There’s no point having a restraint of trade in an employment contract”
It is a common misconception that courts don’t enforce “restraints of trade” (those clauses in employment contracts preventing former employees from competing with their previous workplace, soliciting their clients and/or poaching staff). In truth, courts will and frequently do, prevent former employees from acting in breach of their contractual restraints. That is…
Employment law myth No.6: “If I pay them a salary, the award doesn’t apply”
Most employees in Australia are covered by an industry or occupation-specific modern award which provides for minimum terms and conditions whilst so employed. Importantly, the awards set minimum pay rates depending on the employee’s classification under the award. The classification will (depending on the award in question) be determined by…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Workplace surveillance in NSW: having a computer surveillance policy is a mandatory requirement
There is a view in some businesses that the implementation of written workplace policies are something of a “nice to have” or an “optional extra”, and are ultimately a matter of choice for the employer. Whilst there may be no mandatory requirement to have a policy on many workplace matters, the situation in respect…
Do “outer limits” employment contracts have a future?
Introduction The offering of a series of “fixed term” contracts to employees (often by the use of “outer limit” or “maximum term” contracts), has been seen as an attractive strategy for employing persons and then having their employment terminate without attracting the unfair dismissal provisions of industrial relations legislation. An “outer…
Employment law myth No. 1: “It’s illegal to give a bad reference”
Many people believe that giving a “bad” reference is somehow against the law.In fact, there is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad. Where the law might intervene (for example in an action in defamation) would possibly be if…
Employment law myth No. 2: “You need to give someone three warnings before you can dismiss them”
“Three strikes and you’re out” may have some application to the laws of baseball, but does not generally apply in the field of employment law. For employees who have a right to claim unfair dismissal*, the Fair Work Act 2009 provides that one matter the Fair Work Commission must take into account…
Employment law myth No. 3: “Oral contract? It’s not worth the paper it’s written on!”
There is no general requirement for employees to be given a written contract. That is not to say it is not strongly advisable to have one in place, not least because there will be less room to argue about the terms of the employment in the future. It is important to note…