The Employment Law publication has been extensively reviewed and enhanced. This work is part of By Lawyers continual commitment to updating and enhancing our publications.
Key components of the Employment Law publication – the matter plan, commentary and 101 Employment Law Answers reference materials – have been re-organised and augmented.
The matter plan has been reordered to:
- better reflect the distinction between matters relating to employment agreements and employment disputes;
- separate the content – both commentary and precedents – on employment agreements and non-employment agreements, such as independent contractor agreements;
- add a new dedicated folder for the important content on workplace bullying.
Updates include the following:
- Getting the matter underway – initial consideration of employment status;
- Awards – expanded discussion of applicability and effect of awards;
- Coverage of The National Employment Standards (NES) and a link to the Fair Work Ombudsman’s new Small Business Employer Advisory Service;
- The new provisions for casual conversion;
- Other rights and entitlements – additional commentary on children in the workplace, overtime, vehicles, deductions, access to records and employers in liquidation;
- Employment agreements – considerations for negotiating and documenting terms, with a link to the Commonwealth Government’s helpful Employment contract tool;
- Termination of employment, including when it happens during workers compensation claims;
- Redundancy – entitlement under the NES and the connection to unfair dismissal;
- Unfair dismissal claims – coverage of all relevant considerations, including who is protected, the small business exception, high-income threshold, what the Fair Work Commission considers, the application and response, the claims procedure, conciliation, hearings and conferences, remedies and costs orders;
- General protections claims – coverage of adverse action, discrimination, other protections and sham contracts; and
- Dedicated commentary on unlawful termination claims.
The comprehensive History of legislative changes has been relocated to 101 Employment Law Answers. This will assist when the rights of a client need to be determined as at a certain prior date.
101 Employment Law Answers
This handy reference material has received a comprehensive revamp that is a precursor to a more detailed review. As with all By Lawyers reference materials 101 Employment Law Answers provides relevant and up-to-date case law summaries and links to legislation. It covers such topics as leave entitlements, the multi-indicia test, abandonment, non-solicitation, redundancy entitlement, and unfair dismissal.