Representing Yourself in the Fair Work Commission
Lawyers cannot help parties to prepare evidence and oral submissions in hearings without permission from the Fair Work Commission. Do you know how to successfully represent yourself in the Fair Work Commission? Help From Lawyers in the Fair Work Commission In Fitzgerald v Woolworths Ltd [2017] FWCFB 2797, a Full Bench of the Fair Work […]
Tough Penalties For Underpayment Contraventions and Poor Record Keeping
Employers and human resources managers who comply with their record keeping and payment obligations can significantly reduce the risk of suffering crippling fines due to underpayment contraventions. In Fair Work Ombudsman v NSH North Pty Ltd [2017] FCA 1301, a restaurant in Lake Macquarie was ordered to pay compensation of $128,309.95 and a civil penalty […]
Federal Court Crack Down on Sham Contractors
The Federal Court confirms that workers will not be seen as contractors unless they “work as entrepreneurs owning and operating a separate business”. How do your contracting arrangements measure up or do you deal with sham contractors? Entrepreneurs or Employees? Most employers know that they need to undertake a ‘multifactorial assessment’ in order to determine […]
Code Of Conduct And An IT Policy Are Important For Business
A recent Fair Work Commission decision involving an unfair dismissal application highlighted the importance of a company having a Code of Conduct and an IT policy. Senior Deputy President Hamberger determined that an employer was justified in dismissing a long serving employee for sending a “disparaging” and “highly offensive” email by accident to a client. […]
Protecting Intellectual Property: A Step-By-Step Guide
This is a guide for employers who want to protect their intellectual property and confidential information by enforcing the restraint clauses in their employees’ contracts. 1. Get legal advice. This may be obvious, however what I mean is get legal advice on the restraint clauses in your employment contracts before you even engage the employee. […]
When Employees Go Rogue: How To Protect Your Reputation
In order to protect your reputation in today’s world of technology and social media, it is important to create a culture within your organisation that encourages employees to raise their grievances in-house without fear of reprimand and without reverting to social media or otherwise venting their grievances into cyberspace. Protect your reputation as an employer […]
Five Strong Reasons Unpaid Interns Need A Written Workplace Agreement
So, your company is engaging unpaid interns. If you’ve read our previous article, Unpaid Internships: Guidance for Employers, you would understand that it is lawful to do so. As the company won’t be paying these interns, there’s no need to have a written agreement in place … right? Wrong. While your Company may lawfully be […]
4 Tips On How To Say NO To A Pay Rise Request
There are good ways and bad ways to say no to a pay rise request. Of course, employees are going to be disappointed at having a pay rise request turned down. Performance reviews and pay rises are an excellent way to drive career progression and retain your key people. However, if a pay rise request […]
5 Important Steps to Hiring Managers
Hiring the right management staff can be stressful. Hiring managers is a big responsibility and can be costly. Will they meet the requirements of the business? Are they going to get on with you and your other staff members? JFM Law works with managers and business owners to help find the right talent. We understand that […]
Poor Performance – How to Stop Sleepless Nights
You’re the manager, boss or owner and a particular employee has been costing you through poor performance… again. It’s hard not to lose sleep when your bottom line is on the line, but the most important thing you can do is take action. Here, we set out an example so you can learn how to nip […]