Does your business need a legal health check-up?

NECA Legal (WA) Pty Ltd regularly comes across situations where employers face a claim from a current or ex-employee, ex-employees set up in direct competition with them or a dispute arises under a contract for work.

If you answer NO to any of the below questions, we recommend you contact NECA Legal for further advice on how to reduce the risk to your business on (08) 6241 6129.

  1. If you are paying an hourly rate of pay that includes allowances, leave loading and penalties, or pay employees a flat rate of pay for all hours, do you have a written Individual Flexibility Agreement between you and the employee?
  2. Have you protected your business by using comprehensive Employment Contracts that provide for restraints of trade, non-solicitation and protection of your confidential information?
  3. Do you have written Workplace Policies in place for Equal Employment Opportunity, Anti-Discrimination, Workplace Harassment (including sexual harassment and workplace bullying), Drug and Alcohol or Grievance Procedures to reduce the risk of being held vicariously liable for the actions of your employees?
  4. If an Enterprise Agreement determines the pay rates of your employees, have you ensured the rate of pay for employees is never less than the current base rate of pay in the relevant Modern Award, even if the Enterprise Agreement has expired? 
  5. Do you have comprehensive terms and conditions for all work you undertake for customers that dictate the conditions of the contract?

NECA Legal can assist you with the preparation of suitable contracts, workplace policies and terms and conditions, as well as check your compliance with regard to pay rates.

Disclaimer: the short guidelines above are not legal advice and for more information call NECA Legal (WA) Pty Ltd on (08) 6241 6129 or email necalegalwa@ecawa.org.au