Overview
In today's increasingly competitive marketplace, the effective management of human resources is often an indication of a successful organisation.
Employment issues such as remuneration strategies and termination, employment policies and human resources management are critical issues for all companies. Effective management of these issues involves making the right decisions at every stage of the employment relationship – from the interview and contract negotiations to managing performance and termination of a contract. This employment 'package' is not only the key tool to attracting, managing and retaining the best people, but is vital to protecting your own position with your employees.
Experience
Our services in this area cover all aspects of employment law including:
- Drafting and negotiating new contracts of employment to properly protect your business – including incentives, remuneration, bonus arrangements, share options and important post-employment restrictions, such as restraint of trade and confidential information.
- Termination of employment requires careful consideration of many issues – including employee conduct, procedural fairness, making appropriate payments and benefits on termination, possible unfair dismissal claims, unfair contracts claims, outplacement issues and strategies and potential litigation. Our team advises on all aspects of these issues to reduce the risk of your company being involved in litigation.
- Our remuneration services include drafting and advising on redundancy and retention agreements, drafting policies, bonus schemes and employee share and option schemes. We also advise on issues of disclosure in relation to executive remuneration and corporate listing requirements.
- We advise on a broad range of employment-related revenue law issues, including human resources tax issues such as fringe benefits tax, payroll tax, workers' compensation premiums, Pay As You Go and superannuation. Treatment of superannuation for executives as part of their salary packaging is an important part of the employment relationship.
- We provide advice to senior management in drafting and negotiating executive service agreements. We also assist with the appointment and removal of directors, and the benefits associated with office and loss of office. We also advise directors on their responsibilities under the Corporations Law.
- Mergers, acquisitions, business sales and floats often create issues relating to executive entitlements. We assist in the due diligence process prior to mergers, acquisitions or disposals, and advise on arrangements for employees, variations in contracts of employment, outsourcing and transmission of business issues.
- The introduction of new forms of communication and technology has raised issues relating to employee privacy, employee surveillance and data protection for all employees, including executives. White collar crime is also a frequent and serious issue on which we are called to advise.
- We have extensive expertise in drafting company employment policies and compliance manuals, and in reviewing, drafting and advising on implementing workplace policies.
- Privacy compliance (for example, advice on obligations or using and retaining personal information of employees and job applicants) has become an increasingly important aspect of our practice in recent years.
- We also advise on the legal obligations in managing independent contractors including consultants.
Working with you
Given the recent workplace relations reforms that have occurred over the past few years, the employee relations landscape is constantly evolving.
Our group has developed unparalleled expertise in workplace change through ongoing involvement in landmark cases, and an intimate understanding of the strategies behind these. We remain at the forefront of important employee relations events, and continue to contribute extensively to the debate surrounding workplace relations reform through meetings with senior politicians, workshops with leading Australian employers and commentary published in the media.
We focus on getting to know your business and the issues you face so that we can provide you with our expertise and resources in the most efficient and effective way. Our dedicated client teams reflect our commitment to ensuring you receive the best results, delivered in a cost effective manner.
