Legal assistance for employers
As an employer, your primary concern will be to ensure that your employment contracts protect your business, including its goodwill and client relationships which have been built up over time. Sonia understands the complexities and challenges that business face in today’s dynamic landscape and she is dedicated to providing comprehensive legal support to help you navigate these challenged with confidence.
Whether you are a small business owner, a growing enterprise, or a large corporation, Sonia can offer expert guidence and support to protect your interests and ensure compliance with both Western Australian and federal employment legislation. Sonia is able to assist businesses in all aspects of employment law, including preparing employment contracts and policies and advice with respective to employment compliance and events such as termination and redundency.
Preparation of employment contracts
Sonia can assist in drafting and reviewing employment contracts to ensure that they are legally sound, compliant with relevant employment laws, and protect your interests as an employer.
A tailor-made employment contract protects the business from risk in the following ways:
Ensuring employees are paid their lawful entitlements. A failure to pay lawful entitlements can expose the business to penalties.
Protecting confidential information of the business, including after the employment has ceased.
Protecting the business from employees competing with the business in permitted circumstances.
Protecting intellectual property rights of the business.
Setting expectations for employees, including their duties and contractual obligations.
Ensuring employees do not perform unauthorised work for another business or a competitor during employment.
Setting a procedure in respect to termination and dispute resolution.
Drafting workplace policies
Sonia can also help you establish and implement workplace policies and procedures that are in line with legal requirements and industry best practices, ensuring a fair and harmonious work environment. Well-drafted policies not only clarify expectations for employees but also serve as valuable tools for employers to manage their workforce effectively, mitigate risks, and demonstrate compliance with employment laws. Sonia will work closely with you to develop comprehensive, tailored policies that align with your business goals and legal obligations.
Sonia can assist you in drafting a wide range of workplace policies that safeguard your legal interests. These policies include:
Equal Opportunity and Anti-Discrimination Policy: This policy outlines your commitment to providing a workplace free from discrimination, harassment, and bias, in accordance with the Equal Opportunity Act 1984 (WA) and federal anti-discrimination laws.
Code of Conduct: A code of conduct policy sets forth the behavioral expectations and ethical standards for employees, promoting professionalism and ethical behavior in the workplace.
Anti-Harassment and Bullying Policy: This policy addresses behaviors such as workplace bullying and harassment and provides guidelines for reporting and addressing such incidents, in line with relevant legislation.
Diversity and Inclusion Policy: Demonstrating a commitment to diversity and inclusion can be valuable both culturally and legally. This policy outlines your organisation's dedication to fostering diversity and inclusion in the workplace.
Workplace Health and Safety Policy: Ensuring a safe work environment is not only essential for employee well-being but also a legal obligation under the Occupational Safety and Health Act 1984 (WA). This policy outlines safety protocols, procedures, and reporting mechanisms.
Privacy and Data Protection Policy: In today's digital age, protecting sensitive employee and customer data is paramount. This policy sets out how your organisation handles and safeguards personal and confidential information in compliance with privacy laws.
Social Media and Electronic Communications Policy: With the proliferation of digital communication, this policy clarifies acceptable use of company-owned electronic devices and social media platforms and sets guidelines for employee behavior in the online realm.
Attendance and Leave Policy: This policy outlines procedures for requesting and approving various types of leave, including annual leave, sick leave, and parental leave, ensuring compliance with employment laws.
Conflict of Interest Policy: To prevent conflicts of interest that may harm your organisation, this policy provides guidelines for disclosing and managing conflicts among employees.
Remote Work and Flexible Work Arrangement Policy: As remote and flexible work options become more common, this policy outlines the terms and conditions for such arrangements, addressing expectations for productivity and communication.
Termination and Disciplinary Action Policy: This policy outlines the process and procedures for handling disciplinary actions and terminations, providing a clear roadmap for both employees and management.
Drug and Alcohol Policy: For safety-sensitive industries, a drug and alcohol policy sets out expectations for substance use and testing, in compliance with applicable laws and regulations.
Intellectual Property and Confidentiality Policy: Protecting your company's intellectual property and confidential information is crucial. This policy establishes guidelines for safeguarding and handling proprietary information.
Sonia’s approach to drafting workplace policies involves the following steps:
Consultation: Sonia will begin by consulting with you to gain a deep understanding of your business, culture, and specific needs. She will use this information to guide her advice to you regarding which policies will be most applicable for your organisation.
Policy Development: Sonia and her team will draft policies that are tailored to your organisation's requirements, industry standards, and legal obligations.
Legal Compliance: Sonia will ensure that each policy complies with Western Australian and federal employment laws, as well as industry-specific regulations.
Implementation: Sonia is also able to provide guidance on how to effectively introduce and communicate these policies to your workforce, ensuring understanding and compliance.
Periodic Review: Policies should be regularly reviewed and updated to reflect changes in laws, regulations, and business needs. Sonia offers ongoing support to keep your policies current and effective.
Termination
It is important that if a business wishes to terminate an employee’s employment, that proper procedures and processes are followed. Otherwise, a business can be exposed to various claims including unfair dismissal, general protections, or discrimination claims.
Sonia can assist in ensuring that termination and redundancy processes are carried out in accordance with the Fair Work Act 2009 (Cth) and Western Australian employment law. Sonia has advised many businesses on the correct procedure to follow to ensure that a termination is lawful.
In the event that a claim for wrongful termination or unfair dismissal is made against you, Sonia can assist in defending the claim.
Understanding Wrongful Termination and Unfair Dismissal Claims
Wrongful Termination: Wrongful termination claims typically arise when an employee alleges that their employment was terminated in violation of their employment contract or employment laws. These claims can encompass a range of issues, including breach of contract, discrimination, retaliation, and more.
Unfair Dismissal: In Australia, unfair dismissal claims are governed by the Fair Work Act 2009 (Cth). Employees can bring an unfair dismissal claim if they believe that their dismissal was harsh, unjust, or unreasonable. These claims often involve disputes over procedural fairness, valid reasons for dismissal, and adherence to workplace policies.
How Sonia Edwards Legal Assists in Defending Claims
Sonia’s approach to defending claims for wrongful termination or unfair dismissal involves a strategic and comprehensive process:
Legal Assessment: Sonia will begin by conducting a thorough legal assessment of the claim, evaluating the merits of the case, and identifying potential defenses and weaknesses.
Documentation Review: Sonia will meticulously review all relevant documentation, including employment contracts, workplace policies, performance evaluations, and termination notices, to build a strong defence.
Legal Strategy: Based on Sonia’s assessment and documentation review, she will develop a tailored legal strategy to defend your organisation's interests. This may include negotiating a settlement, representing you in conciliation or mediation proceedings, or preparing for litigation if necessary.
Representation: Sonia is experienced in emploment disputes and will provide strong legal representation, advocating on your behalf during negotiations, hearings, and court proceedings. She will present evidence and arguments that support your position and work to achieve a favorable outcome.
Business restructuring and redundancy
Understanding Business Restructuring and Employee Redundancy
Business Restructuring: Business restructuring encompasses a wide range of organisational changes, including mergers, acquisitions, divestitures, reorganisations, and changes in ownership. It often involves a shift in the company's structure, operations, or strategic direction.
Employee Redundancy: Redundancy occurs when an employer no longer requires a particular job role to be performed by an employee. Redundancy situations can arise due to various factors, including changes in business needs, technological advancements, or economic challenges
Sonia can take you through all the relevant steps that need to be achieved in order to implement a successful redundancy or business restructure, including:
Undertaking the process of making a position redundant.
Negotiating with employees and implementing consultation requirements.
Assisting with transferring employees to other departments or businesses.
Advising on methods to reduce claims being brought by dissatisfied employees.
Sonia will assist your business to comply with relevant employment laws and awards to avoid possible breaches which can have costly and serious consequences, not only for directors and those involved in the contract, but also the business. Contact Sonia today to schedule a consultation and discover how shecan assist you in implementing these changes with confidence and peace of mind.