Being in business is hard work at the best of times; having to juggle the needs of customers, the demands of financiers and earning a dollar at the end of the day. One of the most demanding aspects for many business owners is managing the performance of employees. Given the industrial relations landscape in Australia, employers need to take care if wanting to terminate an employee because of misconduct or ongoing poor performance, lest they risk an unfair dismissal claim. [Read more…]
Employment Law
My client poached my software developers – what can I do?
25 September 2020 by
Imagine this – it’s taken you almost a decade, you’ve created a successful software development business with many happy long-term clients, a stable team and a great reputation. More recently you’ve even created a funky new millennial style brand! One day an employee resigns and the next week another one resigns. The following week your biggest client breaks their long-term engagement with you and then another one of your team resigns! You get suspicious, do some investigations and discover the former employees are working in-house for your ex-client!
It is not uncommon for clients (Clients) of professional service businesses (Service Provider) to poach the employees of the Service Provider. The software development sector is a prime example where this occurs. [Read more…]
The new business as usual from 2020 and beyond!
5 April 2020 by
It’s perhaps an understatement to say that the last few years for Australian business has been unprecedented. Extraordinary seems to be the new business as usual (BAU) from 2020 and beyond! [Read more…]
Standing down employees – when can it be done?
27 March 2020 by
Standing down employees without pay would seem a logical response to the current COVID-19 crisis. Employers must first recognise that during the COVID-19 public health pandemic normal workplace laws continue to apply. [Read more…]
New Fair Work information statement
20 February 2020 by
In December 2019, the Fair Work Ombudsman updated the Fair Work Information Statement (FWIS). The new FWIS sets out information for businesses about the conditions of employment for new employees. Businesses must issue a copy of the FWIS to all new employees before, or as soon as possible after, they commence employment. This article discusses the FWIS key changes for 2020. [Read more…]
Changes to unfair dismissal and minimum wage
1 August 2016 by
On 1 July 2016 three (3) significant changes to employment law came into effect:
- the unfair dismissal high income threshold increased;
- the maximum compensation for unfair dismissal claims increased; and
- the minimum wage increased.
Employers need to be aware of these changes as they impact the rights of both current and future employees of a business.
Terminating employees that threaten to approach the media
3 December 2015 by
Disgruntled employees (or ex-employees) can cause employers unnecessary grief, particularly when an employee threatens to approach the media and ‘leak’ information in a bid to publicly tarnish the name of the employer. [Read more…]
Can an employer sack an employee for not following directions?
24 November 2015 by
Fundamental to the success of any business is ensuring that employees comply with directions given to them by their employer. However, it is not uncommon for employees to be unaware of the consequences to their employment, should they not follow their employer’s reasonable directions. [Read more…]
Terminating an employee for serious misconduct
12 November 2015 by
We are often asked by employers whether or not they can summarily dismiss an employee for various reasons ranging from persistent poor performance to blatant disobedience. Termination on this basis is also referred to as ‘termination without notice’. [Read more…]
Underpaying employees can come at a great cost
11 September 2015 by
11 September 2015
In recent weeks there has been widespread media coverage about employers who are alleged to have been underpaying their employees. In many cases it has been alleged that employees were being paid less than the award, the basic wages safety net.
Franchise operators Grill’d, United Petroleum and 7-Eleven have all come under the spotlight, including allegations that ‘head office’ was aware of the underpayments.
