PERSONAL


Employment

Contracts of Employment
Employers are required to give employees a written statement of certain particulars of their employment within two months of the employee starting work. However, Fletcher & Lawson does not advise employers to rely on this as properly drafted employment documentation, taking into account the specific needs of the employer and building in both certainty and flexibility, is to the advantage of both the employer and the employee. Fletcher & Lawson recognises that employment documentation is the cornerstone of good industrial relations.

We draft tailored documents including:

  • Terms and conditions of employment
  • Contracts of employment
  • Directors' service agreements

We address the specific requirements of the employer (including, for instance, the protection of the employer's client base and confidential information both during and after the termination of employment) and ensure that these requirements are met in the necessary documentation. We suggest that all employment documents (in particular, restrictive covenants) should be reviewed every two years to take account of the changing requirements of the employer and developments in case law and legislation which may affect the validity of certain provisions.

We also draft and advise on all other employment related documents including:

  • Disciplinary and grievance procedures
  • Maternity policies
  • Employee handbooks
  • Flexible working schemes
  • Benefit schemes
  • Confidential Information and Restrictive Covenants

Fletcher & Lawson has considerable experience in this particularly complex and fast changing area of the law. We advise employers on the protection of their business interests and the use of restrictive covenants to prevent former employees joining a competitor, becoming a competitor, divulging or misusing confidential information and soliciting the employer's customers or employees.

We draft appropriate legally binding restrictive covenants and advise on their introduction as part of a contract of employment or a termination package.

We advise employers on the practical issues to be addressed when competitive activity is discovered and have significant experience of enforcing restrictive covenants in Court.

Health and Safety at Work
Employers have common law and statutory duties to protect not only their employees but also, in some cases, members of the public affected by the employer's activities and other people's employees working on the employer's premises. This is a complex area of law which places increasingly onerous obligations upon employers. Fletcher & Lawson advises clients upon the extent of employers' obligations and liabilities and how to comply with relevant legislation.

Fletcher & Lawson also has Personal Injury lawyers who can advise employers wherever necessary. We also have substantial experience of representing corporate and individual defendants in the Magistrates' Court and District Court.

Termination of Employment
Fletcher & Lawson advises clients on the sometimes difficult task of dismissing an employee. In particular, we have experience in advising upon the termination of employment of senior managers including the negotiation of severance packages. We can assist from the moment that a client recognises there is a need to take action in respect of a particular employee.

We advise on:

  • Dismissals and resignations
  • Effective use of disciplinary procedures and sanctions short of dismissal
  • How to terminate employment including when and how the decision should be made and the form of notice of termination
  • The direct and indirect financial consequences of termination of employment
  • Negotiation of severance packages including the tax treatment of payments and the imposition of restrictive covenants

Compromise Agreements
We represent clients in Industrial Tribunals and Courts in relation to all claims arising from the termination of employment. Discrimination and Equal Pay Discrimination issues arise in all aspects of employment law and cover not only sex and race discrimination but also disability discrimination.

We advise on all discrimination issues including:

  • Effective strategies for combating sexual and racial harassment including anti-harassment policies and procedures complying with Australian law
  • Remedies and compensation for harassment cases
  • Maternity policies, pregnancy-related dismissals and dismissals during maternity leave
  • Equal pay including its application to fringe benefits and pension schemes
  • Industrial Action and Trade Unions

Fletcher & Lawson advises employers on all aspects of their relationship with Trade Unions and has also advised trade union members in dispute with their Union. We have represented both employers and members.