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. Employment Contracts are Vital
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. Understanding the Legislation
There are at least three pieces of legislation that Employers need to be aware of in Queensland. Fair Work Act, Industrial Relations Act and the Queensland Work Health & Safety Act.
Each of these statutes are cumbersome to digest and must be read in light of each other and also considering common law principles that still govern many aspects of the employee / employer relationship. The Fair Work Act and the Industrial Relations Act deal with very important issues which every employer should be aware of such as redundancy entitlements, termination notice requirements, unfair dismissal and the emerging controversial area of adverse action.
Every employer should read this legislation or consult with a lawyer experienced in employment law to know the important points appropriate to the employer's business. When an employer is not aware of the relevant legislation, the risk of being exposed to action in court or Fair Work Australia tribunal is increased.
3. Awards knowledge is important
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.
The Fair Work Australia website has a free tool that allows you to search for awards relevant to individual industries and we recommend that all employers to use this free tool straight away.
4. Create Policies & Procedures
An employer should have policies and procedures so an employee is aware of how their workplace is managed and to have written evidence should the employer need to provide evidence to a court or tribunal that an employee didn't follow a workplace policy or procedure.
In addition to providing certainty in situations where emotions are running high, policies and procedures are written evidence of a business' style of management. This can work in favour of an employer in a court or tribunal, particularly if an employer can show that an employee did not follow relevant policies and procedures.
5. Termination Procedures
The single most controversial aspect of employment law surrounds termination. When people are fired, laid off, made redundant, sacked or lose their job for whatever reason, emotions kick in and fights begin. It is for this reason that being organised by way of properly documented policies and procedures with respect to termination is critical.
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.
These five tips are deliberately brief and do not attempt to provide a full summary of employment law in Queensland. Each business has different circumstances and it is for this reason that we encourage businesses to seek legal advice regarding their understanding of and compliance with labour law before issues arise, rather than when it is too late. After all it is less expensive to seek legal advice for the creation of suitable employment contracts and policies now rather than doing so at the same time as defending yourself in Fair Work Australia or court.
1. Employment Contracts are Vital
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. Understanding the Legislation
There are at least three pieces of legislation that Employers need to be aware of in Queensland. Fair Work Act, Industrial Relations Act and the Queensland Work Health & Safety Act.
Each of these statutes are cumbersome to digest and must be read in light of each other and also considering common law principles that still govern many aspects of the employee / employer relationship. The Fair Work Act and the Industrial Relations Act deal with very important issues which every employer should be aware of such as redundancy entitlements, termination notice requirements, unfair dismissal and the emerging controversial area of adverse action.
Every employer should read this legislation or consult with a lawyer experienced in employment law to know the important points appropriate to the employer's business. When an employer is not aware of the relevant legislation, the risk of being exposed to action in court or Fair Work Australia tribunal is increased.
3. Awards knowledge is important
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.
The Fair Work Australia website has a free tool that allows you to search for awards relevant to individual industries and we recommend that all employers to use this free tool straight away.
4. Create Policies & Procedures
An employer should have policies and procedures so an employee is aware of how their workplace is managed and to have written evidence should the employer need to provide evidence to a court or tribunal that an employee didn't follow a workplace policy or procedure.
In addition to providing certainty in situations where emotions are running high, policies and procedures are written evidence of a business' style of management. This can work in favour of an employer in a court or tribunal, particularly if an employer can show that an employee did not follow relevant policies and procedures.
5. Termination Procedures
The single most controversial aspect of employment law surrounds termination. When people are fired, laid off, made redundant, sacked or lose their job for whatever reason, emotions kick in and fights begin. It is for this reason that being organised by way of properly documented policies and procedures with respect to termination is critical.
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.
These five tips are deliberately brief and do not attempt to provide a full summary of employment law in Queensland. Each business has different circumstances and it is for this reason that we encourage businesses to seek legal advice regarding their understanding of and compliance with labour law before issues arise, rather than when it is too late. After all it is less expensive to seek legal advice for the creation of suitable employment contracts and policies now rather than doing so at the same time as defending yourself in Fair Work Australia or court.
About the Author:
Are you looking for employment legal advice? Carroll Fairon Solicitors provide Brisbane and Sunshine Coast legal advice.
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