Workers are not independent contractors unless they work as 'entrepreneurs owning and operating a separate business'. Is your employer 'sham contracting' its' own employees? Why does it matter if you're a contractor or employee? While there are some benefits to being...
Did you know that even after an employment ends, an employee is still legally bound against disclosing confidential information that has been obtained in the course of their employment? Our employment Lawyers here at JFM Law, recommend that each employment contract...
Workers compensation and the requirements of you the employer An employer cannot dismiss an employee because of an injury or disability arising from work. Your worker has an obligation to notify you of the injury as soon as it happens, and you as the employer are...
What are restraints of trade? Restraints of trade are often incorporated in employment contracts to protect the employer in various ways. The most common types of employment restraints include: Non –disclosure clauses which protects the confidential information of an...
Workplace Injuries and Taking Leave Permanent employees who are injured at work have access to ten days of paid ‘personal/carer’s leave’, which can be taken by anyone who is unwell for work because of an illness or injury. This leave does not get 'paid out' when your...
Employers who want to dismiss injured employees are confronted with a confusing spaghetti bowl of regulations that often trip up even the most experienced human resources advisers. This article helps you to untangle the overlapping laws and provides some key...
A Deed of Release allows parties to settle on a matter without any admission of liability. It can protect the employer in relation to an array of potentially problematic issues arising from an employee’s separation from the workplace. Protection from future claims A...
Many executive employment contracts include 'non-compete' clauses. These can take the form of a non-solicitation clause, which prevents you from approaching your current employer's clients. It can also take the form of a restraint of trade clause, which prevents you...
We’ve noticing a significant increase in executive employees being subject to complaints about their conduct, resulting in a workplace investigation. If you have recently received a complaint letter, you’re not alone. You need an effective strategy to minimise the longer term fall out.
Your business is growing and it is time for you to hire a new employee. The on boarding process can be very time consuming and frustrating, which is why it is very important to select the right candidate from the beginning. Selecting the right candidate is a two-stage...
Non-solicitation clauses are provisions in an employment contract or deed of release which prevent employees from ‘soliciting’ or ‘enticing away’ the customers, workers or suppliers of their employer for a specified period of time after their employment ends. What do...
When entrepreneurs set up small businesses, they often do not think of themselves, the business owners, as employees. They make payment and leave arrangements that work for them, and don't pay much attention to their entitlements under the Fair Work Act 2009 (Cth)....
Being the subject of a workplace complaint, and subsequent investigation, can be a very challenging ordeal. Complaints can come for an internal or external source, and usually relate to your conduct in the workplace. The consequences of an adverse finding against your...
Depending on the circumstances under which you were terminated, there are a number of legal options available. Redundancy If you have been made redundant, there are a number of things to consider: Is this a legitimate redundancy? Am I getting the proper pay, based on...
Employers who want to dismiss an employee need to ensure that the employee is given an opportunity to respond to every single fact, circumstance or reason which the employer proposes to rely upon to dismiss the employee. A Cautionary Tale In Remmert v Broken Hill...
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