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
Working same time, same place, day after day? You could well be a casual
After much anticipation, the High Court has decided in WorkPac Pty Ltd v Rossato [2021] HCA 23 (High Court’s Decision), that Mr Rossato was a casual employee and not entitled to the benefits of a permanent employment even though he had an expectation of regular and...
What should I do if I think I am being underpaid?
There are a number of ways in which an employee might be underpaid. It may be the case for example, that there has been a complete failure to pay your wage, superannuation entitlement or an amount owed for a period of leave (including annual, long service or personal...
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...
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