Recent changes to casual employee rights, modern awards and proposed changes to contractor arrangements will impact all employers. In this update we take a look at the changes that came into effect from 1 December 2018 and what you need to be aware of if you are undertaking a review of your current policies and contracts to ensure you are compliant with the new provisions.
Employment is mission critical. Get it right and you have a shield - get it wrong and you hand over a sword. Managing contracts, compliance, policy, performance and change is ever more complex and time consuming. Disputes can be costly, unexpected, emotionally charged and publicly sensitive.
At Gilbert + Tobin, we take ownership of your problems. We advise on the best commercial solution for your situation, not just the legal generalities. Our starting point is the specific needs of your business and your people. We work with you to foresee the issues and plan ahead.
In a crisis, we’re there to help you to respond quickly and effectively. We’ve managed many clients through it - sidestepping the pitfalls to reach the best possible outcome in the most cost-effective way. We see court action as a last resort. We’re experienced in all forms of alternative resolution and, if litigation is unavoidable, you’re in the hands of leading practitioners.
We work with Australian and multinational companies, government bodies and other organisations, as well as senior executives.
Chambers Asia Pacific 2016 recognises Dianne Banks as a leading employment lawyer.
- Contracts - customised executive service agreements, offer letters, employment contracts, employment term sheets, consultancy agreements, secondment agreements, confidentiality and restraint agreements.
- Employment policies and procedures - workplace surveillance, discrimination and sexual harassment, termination of employment, grievance resolution and other areas.
- Independent contractors - distinguishing independent contractors from employees, understanding the consequences for each and advising in relation to sham contracting.
- Workplace compliance audit - action to minimise risks, prevent disputes and control costs.
- Workplace agreements - interpreting and advising in relation to modern awards and enterprise agreements.
- Workplace change - corporate restructuring, redundancies and secondments.
- Employee performance - management and termination.
- Workplace investigation - investigating allegations of misconduct, bullying, sexual harassment, unlawful discrimination, preparing reports and recommendations.
- Litigation - unfair dismissal, adverse action, discrimination and sexual harassment, enforcing post-employment restraints, breach of contract and misleading and deceptive representation claims.
- Mergers, acquisitions and outsourcing - employment and industrial issues including due diligence, transaction related document drafting and Fair Work Act applications.
- Work health and safety - advising in relation to WH&S obligations, safety policy reviews, negotiating enforceable undertakings and defending prosecutions.
- Training seminars and workshops - for employees and managers on termination, discrimination, work health and safety and other issues including investigations.