Employment & Industrial Law Services
Pace has represented both employers and employees in this complex and ever-changing area of law and has gained a wealth of knowledge and understanding from both viewpoints over the years. This dual understanding proves invaluable when assisting our employer clients. We can provide employers with advice and representation on all issues relating to work health and safety, redundancies, early retirement, allegations of bullying, equal opportunity and all claims arising in relation to the termination of employment.
Independent contractors run their own business, hiring out their services. Unlike employees they negotiate their own fees and working arrangements, and can work for a number of clients simultaneously. The difference between an independent contractor and an employee is dependent upon a variety of factors, and on the totality of the relationship between the parties generally. Harsh penalties can be imposed for contraventions of sham contracting arrangements. Let us help you ensure your company is compliant in this area.
The relationship between you and your employee depends on the nature of the employment contract. Various employment laws also depend on it. It follows that it is crucial to understand the contract and how it is crafted. Pace is highly experienced in drafting complex employment contracts. We regularly review and draft agreements and policy documents for our corporate clients, including consideration of issues such as redeployment of staff, work-from-home provisions, restraint and confidentiality obligations, sickness, early retirement options, social media implications and behaviour management.
The area of human resources management is greatly influenced and shaped by the state and federal laws governing employment issues. Pace can provide a full service and training package when it comes to HR management within your business. Diversity in the workplace often involves employees from a wide range of backgrounds working with you and may include employees of different ages, gender, ethnicity, physical ability, sexual orientation, religious belief, work experience and educational background, amongst more. It is important that as an employer, you understand your rights and responsibilities under human rights and anti-discrimination law, amongst more. Ask us how we can help you.
Policies and Procedures
HR policies and procedures establish and document your organisation’s culture, behaviours and responsibilities. Clear procedures guide managers and employees in the practical application of these policies. Pace regularly assists clients with developing strategies and implementing policies to minimise the likelihood of any workplace issues arising. We are acutely aware of the challenging issues associated with IR policy and the bargaining frameworks under which many our clients work. We can include and respond to association, employee and union applications as necessary and will work with you to make sure your company is statute, agreement and award compliant.
Redundancy can cost both employers and employees greatly if not done correctly or if used to mask dismissals. We have a played an important advisory and advocacy role in several of Australia’s most high profile and significant industrial negotiations and disputes. We are highly experienced in providing early advice to companies considering rationalisation or reorganisation of their business activities, and/or businesses changing the focus of their corporate operations. We can provide the framework and the direction your company requires throughout the entire process, from conception to completion.
Termination can also cost both employers and employees greatly if not undertaken correctly. In considering our experience in this area, Pace is extremely well placed to advise our clients on the termination process should the need arise, and more importantly to advise on preventative measures and processes that can be put in place to limit the risk of employee claims in such circumstances. If necessary, we operate routinely in matters before the Fair Work Commission, Federal Court, Federal Circuit Court, Supreme Court of South Australia, District Court of South Australia, and the Magistrates Court of South Australia.
Bullying, Discrimination and Injuries
The ongoing misuse of power in relationships can be very harmful, and conversely unsubstantial allegations can also cause harm. Pace has defended employers for many years in relation to these matters. We have extensive experience in handling these claims from inception to conclusion. We actively promote a negotiated resolution and seek a win-win scenario wherever possible.
Most employers appreciate and value their employees and we recognise that fact, but we make the tough calls when strength is required and will provide our clients with the high-level advice needed to defend spurious claims. Additionally, Pace provides advice to select commercial clients on the issue of workers compensation.