If You Are an Employer

For employers, employment law problems usually do not begin only after an employee lodges a complaint. Many risks arise from unclear contracts at the outset, misclassification of employee status, non-compliant payroll systems, outdated internal policies, or undocumented performance management and dismissal procedures.

Businesses commonly need to deal with:

Fair Work applications, employee claims and external complaints.

For small and medium-sized businesses, many employment law risks arise not from deliberate breaches of the law, but because contracts, wages and management processes have not kept pace with the growth of the business. An increase in staff numbers, changes in role allocation, operating across states, and the use of casual workers or contractors can all turn what was once a simple employment arrangement into a complex one.

When employers manage workplace relations, the focus is not only on “whether someone can be dismissed” or “whether a particular cost can be reduced”, but on whether the entire process has a documentary basis, whether the procedure is reasonable, and whether communication is clear.

Businesses should generally review, on a regular basis:

whether confidentiality, intellectual property and post-employment restraint clauses are reasonable.

Employment risks in a business usually do not surface only after a dispute has arisen. Many problems stem from unclear contracts at the outset, outdated policies, vague position descriptions, undocumented performance management, or the absence of a process for handling complaints.

Employers commonly need to review, on a regular basis:

Clear documentation and stable management processes can help a business reduce misunderstandings and lower the risk of disputes, and can also provide a stronger basis when an employee complaint or an external application needs to be addressed.

When a business receives a complaint of bullying, harassment, discrimination, serious misconduct or conflict of interest, whether an investigation is conducted, who conducts it, how the people involved are notified, and how evidence and privacy are protected will all affect the outcome of the matter.

The investigation process needs to remain objective and fair, with complete records. Handling a matter too lightly may fail to protect employee safety; handling it too heavily, or following an improper procedure, may give rise to new disputes.

NS Legal can assist employers to establish investigation processes, review evidence, manage responses to complaints, and provide legal advice on subsequent disciplinary action or remediation plans.