Workplace Discrimination
Discrimination in the Workplace Where an employer has taken adverse action against an employee or prospective employee on the basis of: race colour sex sexual orientation age psychical or mental disability marital status family or carer’s responsibilities pregnancy religion political opinion national extraction or social origin An investigation may be made as to whether or […]
Restrictive Covenants: Restraints of trade clauses
What interests do restraints protect in Employment contracts? Restraint of trade clauses are generally used to safe guard staff relationships formed between employers and employees about customers and to protect confidential information. They are common provisions in employment contracts. They need to be drafted carefully though as otherwise they may not be enforceable. It is […]
Redundancy
Genuine Redundancy An employee will not be entitled to bring an unfair dismissal application in the Fair Work Commission where the dismissal is a case of genuine redundancy. A dismissal on the basis of genuine redundancy will occur when: the employer no longer requires the employee’s job/position to be performed by anyone because of a […]
It’s a foreign world – navigating through the Fair Work process – The Fair Work Commission process: a brief ‘how to’ for an employer or an employee
The Fair Work Commission process: a brief ‘how to’ for an employer or an employee Introduction When things go wrong in an employment relationship and the employment contract is terminated, it can be difficult to understand the employment law which may be applicable. It is important to understand the relevant process. Our solicitors set out […]
General Protections Claims
General Protections Claims The Fair Work Act 2009 (Cth) (FWA) provides protection for employees who have a workplace right, exercise their workplace rights or proposes to exercise their rights and prevents an employer from taking adverse action against the employee. Workplace Rights A work place right has a broad definition. A person has a workplace right […]
Employment entitlements under the National Employment Standards
Employment entitlements under the National Employment Standards The Fair Work Act National Employment Standards provide minimum employment standards which must be applied to all employees and employment contracts. These standards govern how employment law is applied to the relevant areas. The entitlements cannot be contracted out of an employment contract. The National Employment Standards 10 minimum standards: […]
Employment contracts – implied terms of trust and confidence
Employment Contracts – Implied Terms of Trust and Confidence The High Court has recently handed down the decision of Commonwealth Bank of Australia v Barker which has overturned the decision of the Full Court of the Federal Court to imply the notion of mutual trust and confidence into employment contracts. This decision affects which terms will be […]
Employee Handbook, Employee Manuals and Workplace Policies and Procedures – Drafting of Employee Handbooks
Importance of Having an Employee Handbook Purpose of Employee Handbooks Employee Handbooks are workplace manuals which outline how employees are to act in their positions and when engaging with other employees. Employee Handbooks will commonly set out workplace policies and procedures. Employee Handbooks should be separate to employee agreements and contracts for a number of […]
Employee contracts – Ramifications of failing to clearly stipulate employment terms – Reasonable notice on termination
Employee contracts – Ramifications of failing to clearly stipulate employment terms – Reasonable notice on termination The Supreme Court of New South Wales recently handed down the decision of Susanna Ma v Expeditors International Pty Ltd [2014] NSWSC 859. This decision highlights an employer’s potential liability for surprisingly large payouts upon termination of senior employees. In light […]
Casual Employee Rights and Employment Contracts
When is an employee truly a casual employee and how does that effect his or her rights? Terms of the employer – employee agreement As an employer, it is essential to be aware of your employee’s rights, and therefore, your corresponding obligations. The relationship between an employee and employer may be governed by a written […]