BlandsLaw - Blog posts from employment contracts
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BlandsLaw webinar - Wednesday 30 October 2013 at 1pm

We're not talking about your expanding waistline (you look great). We are talking about the five essential things that you need to know about employment law - your obligations as an employer, and protection for your business - as your business grows.

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Employees can get themselves into all sorts of trouble through the misuse of social media in the workplace. But is social media really to blame? Not in all cases - as this cautionary tale illustrates.

The Fair Work Commission recently rejected an unfair dismissal claim from an employee who used LinkedIn to solicit work for his own private business. The employee showed that he had disclosed to his employer, an architectural design practice, that he did small design projects for private clients outside his normal working hours. The employer had accepted this.

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When is Restraint Unreasonable?

Recently the Federal Court considered a case in which an Australia-wide 2 year restraint period for a former director and founder of an HR outsourcing business was upheld and considered to be reasonable in the circumstances.

The case reinforces the importance of employers including well-drafted restraint clauses in their employment contracts to protect their business in the event that an employee with important company or business knowledge and contacts is not able to unfairly compete with the employer when leaving the company.

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Deadline 1 March 2020 - How do the new annualised salary provisions affect your business?

A large number of employers will be affected by the introduction of new annualised salary provisions from 1 March 2020. Over 20 modern awards will have the new or amended annualised salary provisions and it may mean big (or small) changes for your business.

We have recently seen an increasing number of underpayment claims and a renewed focus by the Fair Work Ombudsman on pursuing these claims. Even if the new provisions do not apply to your business, it is a timely reminder to undertake an assessment of your agreements and record-keeping procedures to ensure you are compliant and minimise the risk of being on the receiving end of an underpayment claim.

Do you currently pay a salary to your award employees?

If you are already paying a salary to affected employees, you will fall into one of the following categories:

  1. Paying salary but no written agreement or employment contract
  2. Paying salary under an agreement or employment contract that has no buyout or offset clauses (or clauses are non-compliant)
  3. Paying
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