By Tracey Archer
The demands of the current regulatory environment make it tough for businesses to stay current and compliant. Key is setting the ground work early, getting compliance right, starting with employment contracts and workplace policies.
In this two-part blog series, I will explore HR compliance documentation, with the first part focussing on employment contracts and part two focussing on policies and procedures.
Employment contracts can be in writing, oral or inferred from the conduct of parties. Essentially what this means is that even though terms aren’t formally noted a relationship still exists. It exists in the form of relevant employment legislation, that is, the Fair Work Act, the National Employment Standards and if relevant Modern Awards. It does not necessarily safeguard your business from other risks, that are more closely aligned with contractual law.
Other risks that are not covered by employment law but that are considerations for the industry are in relation to Restraint of Trade and Licences.
Restraint of Trade clauses form part of post-employment obligations and can vary from sector to sector. This clause seeks to restrict a former employee from interfering with any relationship you have with your clients, suppliers and other employees or from seeking employment or starting a business which would be in competition with your business. When developing this clause consideration should be given to geographical areas and the length of time the restraint should be in effect. This clause is also important when hiring to ensure your new recruit is free from restraints to perform the role you’ve hired them for.
As a key component of the role involves driving to see clients and potentially a warehouse, you want to ensure your workers have a current drivers licence. Having a clause in the employment contract that covers what could happen if a worker was to lose their licence is key to ensuring you have staff that are able to fulfil the inherent requirements of the role.
Probation periods, Intellectual property and Surveillance (including CCTV and computer) are also important considerations when developing employment contracts.
You’ve worked hard to build your business so it’s best to manage the risks from the start!
If you would like to see Tracey live, secure you place at the National Home Staging Symposium for 2018!