Workers Compensation from an Employer’s Point of View
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 required to notify your insurer within 48 hours of […]
Are Restraints of Trade Really Enforceable?
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 organisation; Non –solicitation clauses to ensure that the organisations’ customer base is not solicited; Non-compete clauses […]
Managing Workplace Injuries and Workers Compensation
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 employment ends. Independent contractors do not have access […]
Can you dismiss an employee because they are injured?
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 principles that you can use to keep out of trouble. When might it be OK […]
How can a Deed of Release protect my business?
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 Deed of Release will incorporate a release and indemnity clause which protects […]
What is a ‘competitor’ in employment contracts?
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 competing with your current employer. Ordinarily, these clauses prevent employees from working for, or starting […]
Selecting the Right Candidate for Greater Profit
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 process The process involves shortlisting and assessing […]
What Are Non-Solicitation Clauses?
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 ‘solicit’ and ‘entice away’ mean? Most non-solicitation clauses use the words ‘solicit’ or ‘entice away’. […]
Small Business Owners As Employees
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). This can cause problems if the relationship between an entrepreneur and his […]
How should I dismiss an employee and avoid issues?
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 Operations Pty Ltd [2016] FWC 6036, the Fair Work Commission held […]