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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Employers on Notice: Bad Behaviour is Going to Cost
Introduction The landscape of workplace law is undergoing significant change, as amendments to the Fair Work Act 2009 (‘the Act’) by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024...
Case update: Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3
The recent decision in Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3 demonstrates the continuing trend of courts to award survivors of historical sexual abuse significant damages. In the 1980s Steen, when aged between 9 and 16 was abused by Reverend...
A timely reminder from Qantas
In the case Qantas Airways v Transport Workers Union of Australia [2023] HCA 27, the central question on appeal for the High Court was to determine whether Qantas’ decision to outsource its baggage handlers was a contravention of the general protections provisions of...
5 Tips for an Effective Position Description
5 tips for an effective position description 1. Be crystal clear – it is imperative to document the duties, competencies and responsibilities of the position in writing to afford certainty to the parties as to the requirements of the role. This includes all and any...
The dichotomy of vicariously acting for God in cases of intentional wrongs
The Victorian Supreme Court of Appeal on 3 April 2023 ruled that a Diocese was liable for the criminal acts of an assistant priest as an ‘apparatus of God’ - leaving little scope to separate the intentional wrongs of a member of clergy from the religious institution....
Litigation: The One Time When You Need to Put All Your Eggs in One Basket
Between 2011 and 2019 Tobias Tucker was a senior solicitor at the State Revenue Office of Victoria (SRO). In 2017 he was the subject of two investigations concerning his behaviour at work. Before either of the investigations had been finalised, he issued a proceeding...