When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
This webcast covers how to:
determine whether to engage workers as contractors or employees;
ensure arrangements satisfy established principal/contractor tests;
review existing arrangements to clarify your liability;
adapt contracts and practices to reverse the risk; and
avoid the risks associated with long-term contracting arrangements.
Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.
The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.
A Fair Work Australia ruling, which found a senior employee was not "grossly disloyal" when he gave the names of recently retrenched staff to a sacked colleague, contains important guidance for employers on what constitutes confidential information.
Employers can find themselves on the wrong side of the Fair Work Act if they vary part-time employees' hours without paying overtime, or if they terminate a fixed-term contract with notice. This article answers nine important questions about employment contracts.
Many employers continue to put three-month probation clauses in new employees' contracts, despite the Fair Work Act rendering that timeframe meaningless with regard to dismissals, says employment lawyer Emma Goodwin.
Too many employers put their "heads in the sand" when in doubt about the clarity of their contracting arrangements, but it's far better to "crystallise their liability", says employment lawyer Brad Swebeck.
A senior employee whose performance was never assessed to determine whether she was eligible for a bonus has been awarded $74,000 in damages after a court confirmed her employment agreement was breached.
Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.