Employment Law
Parke Lawyers brings together one of the most experienced, effective employment and industrial relations teams in Australia. Whatever your business need - whether you're being investigated by the Workplace Ombudsman, need to dismiss an ineffective or dishonest employee, or simply need guidance about how to word a letter of appointment - Parke Lawyers has the know-how to guide you.
We can provide services on a one-off basis, through to a retainer agreement where you outsource your HR/IR services.
Employment Screening
Faking it ...
- 2008 Former Qantas engineer Timothy McCormack pleaded guilty in the NSW District Court for forging a maintenance engineer's licence. McCormack had been responsible for safety checks on the airline's fleet of Boeing 747 aircraft
Avoid the Pitfalls
Each year thousands of job applicants overstate their academic qualifications, exaggerate their experience and submit fraudulent applications. Accepting background documents at face value is simply inappropriate and opens the door for fraud. Many fraudulent applicants go on to be employed in roles for which they are simply not qualified, some creating a trail of mayhem for their employers. The press is littered with horror stories of high-profile employers - including government departments and multinational companies ultimately embarrassed by inadequate recruiting procedures.
Our skilled lawyers have significant experience in assisting businesses to screen candidates being evaluated for employment or promotion. Employment screening involves the verification of personal information furnished by a candidate and performing various searches, including a police records check.
Probity checking or employee due diligence is an important yet often-overlooked step in the recruitment process, which should be taken prior to employment, promotions or transfers and as part of regulatory requirements.
Investigations
We have significant experience in conducting workplace investigations, including employee theft (ranging from cash and goods through to intellectual property), harassment, bullying and other allegations of misconduct. Following our engagement, we are able to rapidly respond to client needs and tailor a solution which may include:
- collecting and analysing evidence;
- interviewing witnesses and taking statements;
- collating evidence in support of an insurance claim;
- liaising with law enforcement and regulatory bodies;
- preparing a brief of evidence for use in legal proceedings; and
- briefing counsel and instituting civil proceedings.
Risk Management
We assist employers to comply with their legal obligations to eliminate or control risks. We are experienced in implementing a systematic process of identifying and evaluating workplace risks. With the onus on employers to demonstrate that risks have been identified and either eliminated or controlled, the expectation is that employers are able to demonstrate that tasks and duties can be performed safely.
The importance of completing and documenting risk assessments cannot be overstated. Employers must systematically identify and review risks and update assessments either periodically or in line with changes to the workplace and provide evidence this has been undertaken.
Parke Lawyers can provide practical guidance on how to apply the risk management process set out in AS/NZS 4360:2004, which covers risk management relating to occupational health and safety risks. In addition, we have extensive experience in producing customised employee handbooks, incorporating personnel policies and procedures.
Executive Contracts
Contracts for executive staff (earning $100,000 +) must comprise more than a simple letter of appointment. Aside from the all-important probity checks, it is critical to most businesses and other employers to ensure the terms are clear and are fully-documented in the contract of employment.
We have extensive experience in preparing executive contracts for employers and reviewing proposed contracts for employees. Expert advice is critical for both parties to ensure that respective rights and obligations are clearly defined and understood, thereby minimising the risks of costly litigation should the relationship not work out.
Workplace Agreements
The new legislative regime introduced by the Rudd Labor government will affect all employers. We offer a full range of services, including advice regarding:
- Individual Transitional Employment Agreements
- Common law agreements for employees earning $100,000 plus
- The new award system - award modernisation. Modern awards commenced on 1 January 2010.
- National Employment Standards
- Fair Work Australia
Warnings & Dismissals
Where the work performance of an employee does not meet a satisfactory standard, an appropriate process of investigation and corrective action must be taken. The action taken must conform to applicable legislation and accord with the principles of natural justice and procedural fairness.
We regularly provide advice to employers to ensure a fair and effective system exists for managing unsatisfactory work performance and allegations of unacceptable conduct or workplace behaviour. In addition, we regularly conduct (or attend, as required) formal warnings and dismissals.
