Top 5 Employment Legal Advice Tips
Queensland business owners have never before been faced with such complexity and confusion. Employment law is comprised of federal legislation, state statutes and a raft of other legalities such as workplace health & safety laws, common law and contracts. None of these areas is simple to understand and each must be read in light of the others – no wonder it’s confusing! Employers in Queensland ought to find this list of key labour law considerations useful.
1. Essential Employment Contract Information
A Contract can protect your interests by going further than the legislation. An employment contract establishes a workable relationship between an employer and employee so that each party is aware of the obligations of each other. Hopefully, this can help overcome any disagreements before seeking legal advice and remind an employee of the terms and conditions of the contract.
The golden rule with respect to employment contracts is that the more you can include the better. Firstly it will reduce the likelihood of a disagreement arising in the first place and secondly, if an employee becomes difficult to handle, a properly drafted contract can be your lawyer’s best friend in defending your interests. Policies and procedures, promises and expectations should be referred to and explained in the contract to remove doubt but also to provide legal recourse if they are not followed in the future.
2. Do you know the Legislation?
If you are an employer it is important to know the legislation that applies in Queensland namely the Industrial Relations Act and Work, Health & Safety Act and the federal Fair Work Act.
Every employer should be aware of the important issues like redundancy entitlements, unfair dismissal and termination requirements contained in the Fair Work Act and Industrial Relations Act. All statutes should be made known as well as any common law principles that an employee/employer relationship may still be governed by.
The importance of an employer knowing the legislation is crucial in reducing the risk of any court or tribunal action being made. If you are unaware of any of the legislation it is important that you make it known or use an employment law specialist to consult you, your business and your workplace regarding any legislation that may be relevant.
3. Know your Awards
Awards cover many industries. Aspects of employee rights covered by awards typically include entitlements to personal leave, notice required for termination by an employer, travel allowances and the time allowed for lunch breaks (along with many other details which vary from industry to industry). Failing to know the details of a relevant award and denying an employee his or her rights under the award can open an employer up to action in Fair Work Australia which may result in a compensation order or another kind of remedy being ordered. When there are correct preparations in place, there will be less problems arising and extra legal fees can be avoided.
There is a useful tool located at the Fair Work Australia website that allows you to search for awards relevant to particular industries and we encourage all employers who are not sure of the award situation vis a vis their industry to use this free tool without delay.
4. Create Policies & Procedures
Workplace policies and procedures can (and should) cover key aspects of the employee / employer relationship. For example, do you have a procedure that outlines what an employee must do if he or she takes a day of personal leave? Should the employee provide a medical certificate or is a phone call or e-mail enough? Does your business have a bullying / harassment procedure in place? What about a policy to allow for the communication of grievances by employees to employers, by employees to other employees and by employers to employees?
Policies and procedures should contain all aspects of an employee/employer relationship. For example, does your business have a procedure for an employee wanting to take annual leave? Do they require special permission from a partner or office manager or can they simply notify someone of their absence? Does your business have a procedure to follow should an employee wish to make a bullying or harassment complaint?
5. Termination Procedures
Termination is the most debatable aspect of employment law. Policies and procedures relating to termination of an employee are critical because when people are laid off, fired, made redundant or for whatever reason, emotions flare and fights can begin.
Employers with less than 15 employees are encouraged to refer to the Small Business Fair Dismissal Code to make sure that they comply with the regulations regarding dismissal. Failure to comply with the law can have serious consequences for a business and it is better to play by the rules from the start. It can reduce the risk of conflict when all employees are aware of the company’s policies and procedures.
The above tips are only brief and do not provide a complete summary of employment law in Queensland. As each business is different we encourage employers to seek legal advice in relation to employment law to try and prevent any workplace issues arising. Legal defence in court or Fair Work Australia will be more expensive than seeking legal advice regarding policies and suitable employment contracts.