EMPLOYMENT LAW & OCCUPATIONAL HEALTH AND SAFETY
Undoubtedly, one of the most complex elements of a business is its employees. It is a balancing act between creating a culturally positive and productive workplace whilst remaining focussed on the commercial objectives and strategy.
Harwood Andrews’ employment team will work with you to safeguard your operations through the myriad of ever-changing employment obligations including contracts and policies, awards, and statutory compliance through to performance management, bullying, discrimination or sexual harassment, and terminations to OH&S obligations.
The team is also well versed in industrial relations, including enterprise agreements and industrial disputes.
It’s this well-rounded experience that sees the commercial and litigation teams consult the group about protecting their client’s assets, intellectual property interests and establishing confidentiality and restraint of trade clauses.
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PERFORMANCE MANAGEMENT & TERMINATION
There is a myriad of reasons an employer may decide to performance manage or terminate an employee’s contract. This can be due to misconduct, underperformance, retrenchment, or redundancies. Or perhaps an employee who is ill or injured can no longer perform their job anymore.
Equally, claims of bullying, discrimination or sexual harassment in the workplace requires sensitivity, confidentiality, and a thorough investigation.
Conversations of this nature are highly emotive, and discussions can escalate quickly—this isn’t the time to be acting without professional advice.
Harwood Andrews’ employment law & occupational health and safety team acutely understands that terminating an employee not only affects the person involved, it affects the team, the manager, direct reports and depending on the person’s role, it may affect the relationships with business’ customers and suppliers.
The employment team is well versed in providing employers with guidance on:
Their legal obligations and how to minimise risks.
Structuring conversations and/or representation on behalf of/with the employer.
Workplace investigations including guidance on the process, reporting requirements and/or conducting the investigation.
Insights
OCCUPATIONAL HEALTH & SAFETY
Protecting the health, safety and welfare of your staff is a fundamental business principle that as an employer requires compliance with the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017.
Employers need to ensure they are complying with minimum entitlements outlined in the relevant laws and have an effective policies and process for managing risks and incidents because when a workplace situation arises, you will need to act promptly, decisively, professionally and with grace.
The Harwood Andrews employment law & occupational health and safety team provides advice to employers in relation to the OH&S obligations of employees, employers, contractors, and other players in your workplace, to managing ill and injured workers on WorkCover and defending WorkSafe prosecutions.
WORKPLACE POLICY DEVELOPMENT
Having well written contracts and policies in place from the start of the employment relationship is key to setting the boundaries and standards you expect in your workplace, protecting your interests and workforce, and minimising your risks in the event of a dispute.
Our employment law & occupational health and safety team partners with managers and HR professionals to implement tailored workforce management strategies that are compliant with all legislative requirements and contain enforceable provisions.
We believe in a proactive approach to employment policies and procedures. We partner with our clients to develop and train staff on their policies, so they are robust in managing and minimising risks and improving employee health and safety, across:
Code of conduct.
Discrimination, harassment, and workplace bullying.
Drugs and alcohol.
Occupational, health & safety.
Restraint of trade.
EMPLOYMENT CONTRACTS
Employment contracts protect both the employer and the employee. But as an employer, you can protect your business from poor performing employees, gross misconduct and even from taking your customers with them if they decide to move on.
Harwood Andrews’ employment law & occupational health and safety team can review or develop contracts to ensure the terms of your employee’s employment comply with National Employment Standards and modern Awards and comprise clearly defined duties and limitations on cessation of employment. Additionally, clearly outline their pay, benefits and leave structure, grounds for termination, intellectual property ownership and the process and methods for resolving disputes.
The team also understands the nuances of whether a worker is an employee or a contractor. Identifying the difference impacts on superannuation, workers compensation and leave entitlements, as well as obligations to pay payroll tax. It’s important to know the difference and engage and pay your workers the right way.
Implementing sound employment agreements are a relatively simple measure your business can take to get peace of mind. They can save you a lot of stress, time and money down the track if things don’t go to plan.
UNFAIR DISMISSAL
Receiving an unfair dismissal claim from a former employee because they believe their dismissal was “harsh, unjust or unreasonable” requires a prompt and thorough reply addressing the termination provisions of the Fair Work Act.
For an employee to make an unfair dismissal claim, the employee needs to apply to the Fair Work Commission within 21 days from the dismissal date. Additionally, an employee must have been employed for at least six months (or 12 months for a small business).
Harwood Andrews’ employment team adviser employers on:
Obligations under the Fair Work Act.
Written statements outlining compliance with the termination laws under the Fair Work Act.
Resolution options.
ENTERPRISE AGREEMENTS AND INDUSTRIAL DISPUTES
Industrial relations laws are complex and ever changing.
Harwood Andrews’ employment team navigates clients through negotiating, drafting and obtaining approval of enterprise agreements and through industrial activity, so it doesn’t become a major distraction to their business operations.
We do this by working in partnership with boards and management teams to develop proactive industrial strategies that minimise losses in productivity and negotiate and obtain approval for enterprise agreements in a timely manner.
We also advise clients on how to handle requests from unions to enter their premises. We ensure both parties meet their Fair Work Australia and OH&S obligations so that from the outset, the effect on your business’ productivity is minimised.
ANTI-DISCRIMINATION
Bullying, harassment, and discrimination has no place in business.
The Australian Human Rights Commission (AHRC) states that ‘all employers have a responsibility to make sure that their employees, and people who apply for a job with them, are treated fairly.’
Employers can’t control what employees do and say but you can certainly take steps to prevent issues from arising and embed the right attitude into your business’ culture. We believe it all starts with education and training.
Harwood Andrews’ employment teamwork with business to ensure all staff understand there is a ‘zero-tolerance’ towards discrimination, bullying and harassment in the workplace through:
Establishing or reviewing employment contracts and policies.
Legal training to senior management teams.
Reviewing and responding to claims of bullying, harassment and discrimination.
Recruitment policies and interviewing techniques.
Defending claims.
