PROTECTING YOUR
WORKPLACE INTERESTS

info@nsemploymentlaw.com
(03) 9749 8185
Our Services

Employment Contracts


Effective contracts of employment are needed to manage current and future risks to your business. The detailed terms and conditions within employment contracts underpin the employment relationship. It is important they are clearly defined in order to minimise the risk of a breach of contract exposure.

Case Law
............

Silverbook Research Pty Ltd v Lindley (2010) NSWCA 357

In this case the company provided the employee with a contract of employment stating a bonus would be paid subject to set objectives. No objectives were set and the employee filed for breach of contract as no bonus was provided. The court held in favor of the employee.

NS Employment Law has the legal expertise to develop customized employment contracts for your business including,

  • Full time employment contracts

  • Part time employment contracts

  • Casual employment contracts

  • Independent contractor agreements


Workplace Policies & Procedures

Guiding principles for workplace behavior are best incorporated through Workplace Policies & Procedures. NS Employment Law will ensure your policies & procedures meet the legal requirements of workplace standards.

Policies & procedures must have connection to employment contracts, offering appropriate flexibility to navigate through changing workplace laws and business environments. Workplace policies & procedures operating in isolation have the potential for various legal liabilities.

Case Law
............

Romero v Farstad Shipping (Indian Pacific) Pty Ltd (2014) FCAFC 177

In this case the employee filed a complaint in the Australian Human Rights Commission alleging the employer breached the Sex Discrimination Act 1984 (Cth). On appeal to the Full Federal Court, it was held the employer had policies, which formed part of the employment contract and was not followed by the employer.

NS Employment Law has the expertise to develop the following polices & procedures.

  • Code of Conduct

  • Dress Code

  • IT, Internet, Email & Social Medial Policies

  • Recruitment Policy

  • Induction Policy

  • Training & Development Policy

  • Promotion Policy

  • Occupational Health & Safety Policy

  • Equal Employment Opportunity (EEO) & Anti Bullying Policy

  • Pregnancy at Work

  • Flexible Working Arrangements

  • Lave Policy

  • Performance Management Plan

  • Performance Improvement

  • Grievance

  • Conflict of Interest

  • Intellectual Property & Security

 

Workplace Investigations

Principles of natural justice should always remain at the forefront of all workplace investigations. An efficient and thorough investigation taking into account Fair Work Act obligations will provide a sound basis to protect your workplace interests. The team at NS Employment Law has formal investigation qualifications as well as many years of investigative experience.

Case Law
............

In the matter of Francis v Patrick Stevedores Holdings Pty Ltd (2014) an alleged assault had taken place. Following a flawed investigation the employee was dismissed. The employee filed for unfair dismissal with the FWC. It was held by the court that the employee must be reinstated and paid for all lost remuneration because of the “serious and fundamental flaws” with the workplace investigation.

Before undertaking any investigation it is imperative to employ “best practice” investigation strategies to minimise ANY employment law risk.

NS Employment Law investigations can provide tailored training sessions in addition to conducting independent investigations. Our expertise comprises of experienced lawyers and formally qualified investigators.

These include

  • Sexual Harassment

  • Bullying

  • Code of Conduct Breaches

  • Drugs & Alcohol Breaches

Managing Misconduct

With small to medium businesses focused on day-to-day activities, the task of managing difficult employee matters can be draining and time consuming.  This can lead to an elevated risk of employment liability.

Case Law
............

In the matter of Anderson v Thiers Pty Ltd (2014) FWC 6568, the 65 year old employee sent an email described as “offensive, inappropriate and potentially discrimination and vilifying” about the Muslim faith on the employers email network. The employee was subsequently dismissed for serious misconduct. He lodged an unfair dismissal claim where it was held there was a valid reason for dismissal. However, Theiss had failed to manage the situation in an appropriate fashion. As such, the employee was awarded $28,000.

NS Employment Law has extensive experience and legal training to navigate the complexities of Fair Work Act Obligations. These matters include (but are not limited to)

  • Late attendance

  • Theft

  • Assaults

  • IT and Security Breaches

  • Failing to follow reasonable direction

  • Breach of Policy

  • Breach of Conduct

 

Workplace Training

NS Employment has led numerous investigations applying “best practice “legal methodologies.  Legal expertise coupled with “hands on” experience will be applied to develop supervisors and managers with the skills and knowledge to deal with a variety of employment situations in client organisations. Our lawyers will “deliver” tailored programs to suit individual needs and reduce the risk of liability.

Case Law
............

In the matter of Witherington v Levs Fabrications Pty Ltd (2014) QDC 266, the plaintiff was awarded $503,865.95 in damages. Whilst there were two separate incidents of injury the final injury occurred whilst the plaintiff was engaged in a simple one off lift of a 6kg coil. The evidence was, amongst other factors the employer did not provide adequate manual handling training.

Training Programs Include

  • Effective and compliant workplace investigations

  • Managing misconduct

  • Employers major obligations

  • Conflict Resolution

  • Managing Termination of Employment

 

 

NS EMPLOYMENT LAW SERVICES

At NS Employment, we offer a variety of services, click on a link below to jump to a specific topic.

Employment Contracts

Workplace Policies & Procedures

Workplace Investigations

Managing Misconduct

Workplace Training



ABOUT US

Neil Salvador (LLB, Dip Bus, Dip Teaching) has extensive legal experience gained in large public organizations whilst holding senior management roles.

Having developed best practice employment law solutions, and negotiated vast numbers of employment agreements, Neil is equipped with the expertise to protect your business interests.

Learn More >

ABN: 41 338 347 140
Email: info@nsemploymentlaw.com
Phone: 03 9749 8185

© NS Employment Law 2016
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Neil Salvador (LLB, Dip Bus, Dip Teaching) has extensive legal experience gained in large public organisations whilst holding senior management roles.

Having developed best practice employment law solutions, and negotiated vast numbers of employment agreements, Neil is equipped with the expertise to protect your business interests.

Learn More >

  • Employment Contracts

  • Workplace Policies & Procedures

  • Workplace Investigations

  • Managing Misconduct

  • Workplace Training

Learn More >