Unfair dismissal
Most employers and employees work together well for the mutual benefit of both parties. On occasion poor performance or conduct by an employee or employer can lead to disputes or dismissals.
At Colquhoun’s we advise both employers and employees on their legal rights with a mind to the commercial reality that faces each side in such circumstances. Individuals may not be aware that strict time limits apply in the Industrial Relations Commission and must be observed to preserve negotiating positions, particularly for employees. Timely and informed legal advice is essential to a satisfactory outcome.
Employment Contracts
Employers can take steps from the commencement of an employment contract to minimise the prospects of employees making a successful application to the commission or court.
Attention to detail of an employment contract is essential, it requires an adequate offer of employment, job description and a requirement for a regular review process. Employment contracts can also include provisions for a probationary period during which termination is usually permitted. Fixed term contracts or contracts for particular clearly defined tasks can also be negotiated to reduce the prospects of unfair dismissal claims.
Our lawyers assist in preparing policy and procedure for use in the workplace, whether it is Internet and email usage, confidentiality (particularly in the context of second jobs), ownership of intellectual property and non-compete/non-poaching provisions.
Lawful Terminations
Managing the exit of an employee from a business is often a difficult, time consuming and stressful process. Colquhoun’s can assist employers to develop sound, practical procedures that provide respect and due process for all concerned. These processes are best established well in advance of a potential dismissal. In this way the risk of an employee needing to bring an unfair dismissal claim or bringing a malicious claim is avoided.
Colquhoun’s have assisted in long term exit management strategies, providing checklists and regular reviews with clients as they work through performance issues with their staff. Good process early in a potential dispute can lead to the rehabilitation of an employer/employee relationship or to a satisfactory agreement for termination.
Discrimination
Employers are obligated to maintain a workplace free of discrimination and harassment. Employers can be made liable for discriminatory practices of their employees against other staff members or the public. These matters are best addressed by sound policy, staff education and prompt remedial action when required. Colquhoun’s can advise on human resource practices to minimise an employer’s exposure to discriminatory practice whether it be on the basis of race, age, gender or sexual preference.
Contractors/Employees
Staff flexibility is often critical to the success of the business enterprise. Contractors can be used to overcome short-term worker shortages or to meet a particular project need for a defined period. Agreements are necessary to protect a firm’s intellectual property rights, to take into account the common law distinctions between contractors and employees and to comply with tax and workers compensation obligations.