Insights that Matter

Workplace investigations are essential when employers face complaints about misconduct, bullying, harassment, discrimination or breaches of workplace policies. A fair workplace investigation process not only ensures compliance with the Fair Work Act but also protects your business from legal claims such as unfair dismissal, general protections or discrimination. Handled correctly, workplace investigations demonstrate that employers […]

Being investigated at work can be stressful and confronting. Allegations of misconduct, bullying, harassment or policy breaches may feel like an attack on your reputation and career. However, investigations are a normal part of workplace procedures and, when handled properly, are designed to give you a fair opportunity to respond to concerns. This guide explains […]

A common misconception is that employers can solely rely on the terms of their employment contracts when terminating an employee. While an employment contract may give employers a contractual right to terminate their employees, the Fair Work Act 2009 (Cth) sets out the circumstances in which employees will be entitled to protection from unfair dismissal. […]

Employers can make an employee redundant if they no longer need the employee’s job to be done by anyone or the employer’s business becomes insolvent or bankrupt. The need to make an employee redundant may arise because an employer’s business: However, the Fair Work Act 2009 (Cth) sets out specific criteria which must be met […]

The Fair Work Act 2009 (Cth) provides an employer with the right to stand down an employee without pay where the employee cannot perform “useful work” in certain defined circumstances. The consequences of stand downs can be severe as they deprive an employee of wages or, in some instances, redundancy benefits, which is why stand […]

Employment policies and procedures are crucial for all businesses as they: So why should you have policies and procedures in place for your business? Do you need policies and procedures? The primary reason why businesses implement policies and procedures is to supplement the employee obligations set out in the employment contract. Policies and procedures allow […]

As an employer it is crucial that you understand the difference between employees and contractors. The obvious benefit of engaging a contractor is that you don’t have to remit tax and superannuation payments to the Australian Taxation Office (ATO) on their behalf. However, misclassifying your employee as a contractor can have significant consequences. What is […]