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
Expert Witness 101
INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter...
Indefinite Stand Down As An Alternative To Dismissal? Commission Says No
Whilst the majority of Australian adults have submitted to state mandates for COVID-19 vaccination, a minority holds out either on the bases that the mandates are unlawful and invalid or are likely to end. There is no indication yet that a Court will find that vaccine...
Mediation – What You Need To Know
Mediation is one of a number of alternative dispute resolution (ADR) processes which aim to encourage parties to resolve legal disputes before proceeding to trial. Though generally a voluntary procedure, the importance of attempting to resolve matters before trial is...
To Consult Does Not Mean To Mandate
The decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 shows the importance of consultation before a direction to employees will be deemed lawful and reasonable. The full bench of the Fair Work Commission undertook an exhaustive review of the facts and...
Sorry Need Not Be The Hardest Word To Say
Sorry is a powerful word. For people receiving an apology it can validate and acknowledge their feelings and emotions and can be an important step on the path to healing. In a legal context saying sorry was equated with admitting fault for the incident giving rise to...
“How To” Guide – Minimising Termination Risks For Fixed Term Contracts
Fixed term contracts, or time-limited contracts as they are also known, may be an increasingly viable option for employers in the current COVID-19 environment. As we explain in this blog, employers must be wary of the hidden termination risks created by these...
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