Need help managing employment risk?
If you are a business owner then properly managing your employees is one of the areas of greatest legal risk.
Apart from hiring and firing, an employer has a great responsibility to manage staff and negate risks for the business. So, what if one of your key employees is leaving to work with a competitor? What if you are planning to restructure your business? What obligations do you have to your employees? What if a senior manager is named in an harassment claim? How do you react and what must you do?
Maybe you are an employee and have been harassed or treated unfairly. Perhaps you have been assigned to other duties or given an unwarranted warning. You want to know if the restraint in your employment agreement is enforceable against you and, if so, what can it prevent you doing.
Millens can help you navigate the employment minefield by
Advising you on protecting your intellectual property
Drafting and advising you on employee and executive restraints and confidentiality
Advising you and your employees on their respective rights and responsibilities
Giving you guidance on legislative compliance
Advising you on unfair and unlawful dismissals
Assisting with terminations, redundancies and engaging new staff
Drafting and advising on employment agreements
Drafting and advising on service and contractor arrangements
Talk to one of our HR & Employment team.
need some help?
Frequently asked questions
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No. If an employee’s performance is unsatisfactory then they need to be advised, warned and counselled with a view to getting their performance back on track. Only after these steps and their ongoing failure to improve performance can an employee, in most cases, be dismissed. Otherwise, you could expose your business to a claim for unlawful or unfair dismissal. You could be liable for damages or reinstatement plus carry your own costs and expenses, as well as deal with a loss of productivity and have to handle the stress and angst of an employee claim. A “position” in your workforce is made “redundant” not an individual. If you need to reduce your workforce Millens has experience and can guide you through the process to carefully review your workforce needs and arrange lawful redundancies.
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Times change and just because problems haven’t occurred in the past is no reason they may not occur now or in the near future. Having clear written policies is fundamental so all staff know what is expected of them. Things shouldn’t be left up to chance. The good luck you have had to date may not continue. Policies are likely to prevent or reduce any future issues. Millens has experience in drafting policies and advising on staff programs for education and implementation. Also, if you do have a claim we can assist you with proper and appropriate claim management and dispute resolution and advise you of your business obligations.