UNDERSTANDING EMPLOYMENT LAW
Most businesses tend to not pay attention to one of their most valuable assets – employees. Workplace relationships affect every business, even sole traders and sole practitioners.
In recent years, workplace relationships have become a highly disputed and litigated area.
What is employment law?
Employment law can be categorised, in part, as follows:
1. Occupational Health and Safety;
2. Employment engagement and employment contracts;
3. Termination of employment (by redundancy or unfair dismissal);
4. Contractor and subcontractor engagement;
5. Workplace harassment and/or bullying;
6. Workplace anti-discrimination; and
7. Redundancy packages.
A large number of disputes and potential disputes can be avoided if the employer uses a well drafted employment contract that provides dispute resolution measures consistent with the Fair Work Act 2009.
A mistake that businesses make is that businesses engage employees based on insufficient contractual document that could subject the business to potential disputes in the future.
We highly recommend for businesses to have properly drafted employment contracts when engaging employees or subcontractors.
Unfair dismissal takes place where:
1. An employee is dismissed from their employment;
2. The dismissal is either harsh, unjust or unreasonable; and
3. The dismissal is not a genuine redundancy.
An employee who thinks that he or she was unfairly dismissed, that employee may make an application with respect to their dismissal. However, that employee must do so within twenty-one (21) days from the date of dismissal, otherwise, the time for making an application will lapse.
How can we assist you?
If you require the protection of your business assets or have any questions, contact our office on (02) 9723 8080 for a consultation.