This checklist has been designed to help you consider and understand your employment conditions and entitlements.

Questions:

Yes

No
  • Do you know the full legal name of your employer?

  • Do you know your job title and what work you are required to perform?

  • Do you know the name of the award or agreement covering your employment?

  • Do you know the minimum wage for your position?

  • Do you know how the National Employment Standards apply to you?

  • Do you have a written employment contract?

  • Do you know if you are being paid superannuation?

  • Do you know your leave entitlements? For instance, do you know what to do if you want to go on holidays, or you are sick and need time off, or have to care for your immediate family or member of your household.

  • Do you know what to do if you are dismissed and you consider it harsh, unjust or unreasonable?

  • Do you know what to do if you want to make a complaint about discrimination, bullying or harassment?

  • Do you know what to do if you want to take parental leave?

  • Do you know what to do if you want to leave your employment?

  • Do you know how much notice your employer is required to provide you with if they wish to terminate your employment?

  • Do you know what payments you are entitled to receive upon termination?

  • Do you have any post employment restraints?

  • Did you receive a copy of the Fair Work Information Statement (if starting work after 1 January 2010)?

  • Are you required to pay for accidents or insurance when driving your employer’s car?

  • Do you receive a pay slip for every payment received?

  • Do you know the difference between an employee and contractor?

 

Employment Law

At Pointon Partners we can assist with a wide range of employment law issues including the following:

  • Employment Contracts: interpretation, advice regarding employee entitlements;
  • Termination of employment : minimum periods of notice, unfair dismissal and unlawful termination;
  • Redundancy: redundancy pay and entitlements, accessibility and enforcement of rights;
  • Restraint of Trade and Restrictive Convenants: rights and enforceability;
  • Bullying in the workplace: threats, sexual harassment, verbal abuse, constant unjustified criticism;
  • Workplace Discrimination: unfair treatment based on a trait, including sex, age, disability, family responsibilities, race, religion;
  • Parental leave: advice relating to rights and entitlements;
  • Adverse action.

 

Employment Contracts

 When negotiating an employment contract, there are a number of points to consider. Pointon Partners has wide-ranging experience in negotiating, reviewing and providing practical advice on the interpretation of employment contracts for diverse clientele.

It is important to obtain legal advice not only when the employment contract is being created, but also when the contract is varied or terminated.

Termination of Employment and Redundancy

It is important that employees act promptly where they believe that they have been unfairly dismissed or their dismissal was unlawful. An application must be made to the Fair Work Commission within 21 days after a dismissal takes effect. The Fair Work Commission can accept late applications in limited circumstances.

Pointon Partners can help employees with redundancy advice addressing entitlements to redundancy pay, financial effects and tax treatment of lump sum payments.

Restrictive Convenants and Confidentiality

Many contracts of employment will impose obligations on an employee preventing that person from being employed by a competitor long after the employment relationship has ceased. Employees often assume that these restraint of trade covenants are unenforceable and can be disregarded. This is not necessarily the case. Where a restraint protects a ‘legitimate interest’ of the employer and the extent of the restriction is no wider than is strictly necessary, then the courts will generally uphold the restraint.

Pointon Partners has extensive experience in providing practical advice in relation to these issues, including the enforcement of contractual obligations such as restraints of trade and the return of confidential information. We place an emphasis on identifying and devising strategies to best meet our clients’ objectives.

When negotiating a contract of employment, an employee should always seek to have it removed from the contract. If this is not possible, the employee should attempt to narrow the activities, geographical area and timeline to which it applies. If you have already signed an agreement that contains a restraint of trade covenant and are considering a career change we recommend that you first seek legal advice regarding your proposed future activities and whether they are caught by the clause.

Bullying, Workplace Discrimination and Harassment

Pointon Partners have successfully acted in a number of harassment and discrimination matters in the Australian Industrial Relations Commission and the Victorian Civil and Administrative Tribunal.

Workplace bullying is verbal, physical, social or psychological abuse by your employer (or manager), another person or group of people at work. If you are being bullied at work it is important that you take action to stop the bullying from occurring. Pointon Partners are able to assist employees with making an application to the Fair Work Commission for a stop bullying order.

If you have queries or wish to discuss any of the above, please contact one of the key contacts below or your regular solicitor at Pointon Partners.

[email_link]