Employment Law

The confidential information of a business is what enables it to exploit its goodwill, which in most cases is its single most valuable asset. The unfortunate reality is that some of the biggest risks to the profitability of a business come from within.

Only a union official that holds a current right of entry permit can enter a workplace. Such a permit is issued by the Fair Work Commission in circumstances where it is satisfied that the relevant person is a “fit and proper person.” The Fair Work Commissions can revoke, suspend or impose conditions on a permit.

An award is a standard of minimum terms and conditions that apply to employees working in specific industries or occupations. Such additional details cannot be contracted out of and must be observed by an employer. Modern awards are the product of a complete re-organisation of the old state and federal award systems, and came into effect on 1 January 2010.

If you are considering terminating an employee’s employment without notice, you need to ensure that you have conducted a proper investigation, resulting in a sufficiently strong case against the employee, who is given an appropriate level of procedural fairness.

Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies.

It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace. The most important written parts of this communication are the employment contract and workplace policies and procedures.