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The employment dating game: how to avoid the legal pitfalls

Finding the right employee can be a bit like dating. Gordon Williams discusses the challenges that can arise in the seemingly most solid employment relationships This is the first of two articles focusing on particular challenges in the employment relationship at two key points in time – the very beginning (aka the “chat up” stage)…

When deductions from pay can get you into hot water …

When deductions from pay can get you into hot water …

Making lawful deductions from employees’ wages is not a straightforward process, writes Gordon Williams Employers need to be very careful if they want to deduct amounts from employee entitlements (including salary or termination payments), even where the employee owes money to the employer – for example, as a result of an overpayment or misuse of…

Unpaid interns: are they really employees in disguise?

Unpaid interns: are they really employees in disguise?

Companies need to tread carefully when it comes to unpaid internships and potential prosecutions by the Fair Work Ombudsman, writes Gordon Williams To date, unpaid interns haven’t played much of a role in the Australian labour market. This is in stark contrast to the US, where unpaid interns are commonplace in some of the world’s…

Thinking redundancy? Think consultation and redeployment first

Redundancies are an unfortunate reality in the present economic climate and legal claims often follow. Gordon Williams explores how consultation and redeployment can play an important role in mitigating the risks, both in unfair dismissal claims and also in relation to redundancy and parental leave Employees who would otherwise be eligible to make unfair dismissal…

What are the issues for employers in new whistleblower legislation?

What are the issues for employers in new whistleblower legislation?

There are a number of important issues for employers in upcoming whistleblower legislation, according to Gordon Williams, who says there are a number of steps companies should take to prepare now Many readers, but not all, will work for a company that already has a whistleblower policy of some description. However, if draft whistleblower legislation…

Post-employment restraints: how to manage the “break up”

Post-employment restraints: how to manage the “break up”

Challenges can arise in the seemingly most solid employment relationships, especially when it comes to post-employment restraints and the “breaking up” stage, writes Gordon Williams This is the second of two articles that focus on particular challenges in the employment relationship at very different times. The first article explored the beginning of the relationship and…

Recruiting contractors over employees? Get your strategy right

There is a fine balance as to whether a worker is properly an employee or independent contractor, and there are serious implications if you get it wrong, writes Gordon Williams As part of an organisation’s overall recruitment strategy, it may consider the benefits of engaging workers as independent contractors instead of employees. However, it’s not…

My word – swearing at work may be risky business

My word – swearing at work may be risky business

In determining whether swearing at work warrants any disciplinary action or even dismissal, there are many facets of the situation to consider, writes Gordon Williams Let’s be honest, we’ve all been tempted to swear at work. Some of us may have even done so… albeit quietly, muttering under our breath. But what happens when an…

New laws, regulations and precedents to stamp out wage underpayment

New laws, regulations and precedents to stamp out wage underpayment

There is a real and increasing focus on ensuring employees are being paid their proper entitlements to stamp out underpayment of wages, and new laws and legal precedents have a number of important implications for organisations, HR departments, franchisors and other parties, writes Gordon Williams Sadly, underpayment scandals are all too common, affecting employees in…