Employment contracts should be reserved for the minimum terms and conditions to govern the relationship of employer and employee. Outside the minimum terms and conditions can be matters best reserved for policies. The advantage of policies is that if drafted carefully they govern expected behaviours of employees but do not become contractual terms. For example matters for policy can be bonuses and commission payments, bullying and harassment, social media use and expenses. Nevett Ford is experienced in reviewing employment contracts and policies to ensure that unnecessary overlap is avoided.
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Topics We’ve Written About
Employment issues for the gig economy
Are works employees or independent contractors? The controversy as to whether workers in the gig economy are employees or independent contractors continues with the recent decision in Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818. In that decision handed down...
I’ll Have Anchovies With That – How Domino’s Pizza Has To Deal With A Class Action For Unpaid Wages On Two Fronts
On 13 April 2021 Justice Murphy refused to strike out a further amended statement of claim in a class action on the basis that it did not disclose a cause of action: Gall v Domino’s Pizza Enterprises Limited No. 2 [2021] FCA 345. Apart from making a claim for...
Not So Casual: The Fair Work Act Now Defines Casual Employment
With recent amendments to the Fair Work Act 2009 (Cth), it is now time for employers to review the status of their casual employees. From 27 March 2021, as a result of the amendments, there is now: a definition of casual employment, which applies retrospectively; the...
Job Keeper Leads to Job Loss?
As the ending of JobKeeper looms, support for the Commonwealth Government’s argument that it has been discouraging people from working can be found in the decision of Howard v Pinnacle People [2020] FWC 6975. Pinnacle is a labour hire agency specialising in the supply...
My employer wants everyone back in the workplace, can I refuse to return?
While many of us are celebrating a gradual return to the workplace and some semblance of a pre-COVID normality, this is not necessarily a sentiment shared by all. Whether by reason of health concerns, adaptation in lifestyle or relocation, a number of Australians will...
Is freedom of speech recognised in the workplace?
Unlike the United States, Australia has no constitutional guarantee of the right to freedom of speech but instead enjoys freedoms by virtue of common law. Such freedoms include freedom of religion, movement, speech and association. In the absence of such...
Nevett Ford Melbourne Pty Ltd
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Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000