Agnew Litigation & HR Pty Ltd

Happy New Year from all of us at Agnew Litigation & HR! Here’s to a successful and rewarding year ahead for you and your business. #HappyNewYear

Wishing all our clients and partners a joyful and safe Christmas season. We’re grateful for your trust and support this year. May your holidays be filled with happiness and relaxation! #MerryChristmas

As 2025 approaches, now is the time to set your workplace up for success. Start with a comprehensive review of your employment contracts, policies, and payroll systems. Ensure compliance with changing workplace laws and identify areas needing improvement. Agnew Litigation & HR offers easy-to-use legal templates designed to streamline your processes and help you meet your obligations with confidence. Need support? Get in touch to explore how our resources can prepare your business for the year ahead. https://bit.ly/3TWgs6m #WorkplaceCompliance #EmploymentLaw #WorkplaceTemplates #LegalTemplates #HR

Before the year ends, it’s time to check the essentials. Audit your employees' pay to ensure compliance, review workplace policies, and ensure your employment contracts are up to date. These steps are critical to setting your business up for success in 2025. Need any guidance in getting ready for the next twelve months? Our team is here to assist. #AgnewLitigation #WorkplaceCompliance #EmploymentLaw #BusinessOwners

Planning a Christmas office closure? Remember, you can’t direct your employees to take unpaid leave if they don’t have enough annual leave accrued. Instead, open the conversation. Would they be willing to take unpaid leave? Alternatively, you could consider allowing leave in advance or a mix of both options. Proactively discussing these choices ensures compliance with the Fair Work Act and prevents misunderstandings. #ChristmasClosure #UnpaidLeave #FairWorkAct #WorkplaceCompliance

Think you can terminate an employee at any time during probation? A recent Federal Court decision suggests it’s not that simple. In a recent decision of the Federal Court (Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074), a Federal Court judge made an interim order for the reinstatement of an employee of a small business who had been terminated during a probation period and an order restraining the employer from terminating the employee’s employment. The Judge found that there was sufficient evidence available to support a strong inference that a meeting of an executive committee of the employer (which was arranged hastily to make a decision to terminate the employee’s employment at a time when an investigative process into potential misconduct by the employee was incomplete) was done so as to prevent the employee from passing his probation period and accessing an unfair dismissal claim (ie to deny a future workplace right).   This was a judgment made on an interlocutory application which means that the threshold to meet is whether or not there was a serious issue to be tried. It was not a final decision on the issue of whether or not termination to avoid an employee from passing the probation period and gaining a right to access unfair dismissal is adverse action and therefore, a breach of the Fair Work Act.  So what should employers do while we wait for a final decision on this issue? Here are our tips: 1. Ensure your employment contracts include a probation clause which makes it very clear that ongoing employment is subject to satisfactory performance and conduct during the probationary period. This clause may become more important than ever given this changing landscape of workplace rights and future workplace rights.  2. Be proactive with performance management of your employee if you identify performance and conduct issues. Raise all concerns with the employee as they arise – don’t delay. Give warnings that that the performance (or conduct) may lead to termination of employment. 3. If you are terminating within the probation period for performance or conduct issues not meeting expectations, then identify this in written notice of termination. This will be useful evidence (as will the performance management process) that the termination was for that reason and not to deny a future workplace right. In this case, an employer rushed a termination just hours before the probation period ended, seemingly to prevent the employee from accessing unfair dismissal rights. #Termination #WorkplaceCompliance #ProbationPeriods #EmploymentLaw #UnfairDismissal

Do you know the difference between a contractor and an employee? This distinction is important to get right, as each role comes with different rights and responsibilities. Employees work under your direction and are entitled to benefits like leave entitlements, while contractors operate independently, usually providing their own tools and setting their own hours. Misclassifying workers can lead to compliance issues, potential penalties, and back payments. If you’re unsure whether someone qualifies as a contractor or employee, consider their level of control, financial risk, and independence. Understanding the difference protects your business and ensures fair treatment for everyone involved. #AgnewLitigation #WorkplaceCompliance #EmploymentLaw #Contractors #BusinessOwners

Are you managing an employee who is frequently absent due to ongoing health issues? Navigating prolonged absences can be challenging, especially when it impacts your team’s workload and overall business operations. However, there are specific steps you must take before considering termination. Start by communicating regularly with the employee, offering support to explore possible accommodations. Document your efforts, such as assessing the employee’s capacity to return to work and any medical evidence provided. If, despite all efforts, the employee remains unable to perform their duties, termination might be an option, but only after following a fair and lawful process. #AgnewLitigation #WorkplaceCompliance #EmploymentLaw #EmployeeAbsence 

Sham contracting can land businesses in serious trouble. Even if both parties agree on a contractor relationship, the law doesn’t just consider intention by reference to the contractor agreement; it looks at the actual working conditions. If the way in which the parties perform the ‘contractor’ arrangement is more akin to an employment relationship (including using the principal’s branding (eg uniforms) or performing work and hours as directed by the principal, to name a few), they may be legally considered an employee. Have you reviewed how you are performing your contractor relationships and considered if they are contractors? Are you aware of the risks of getting this wrong (including but not limited to penalties for sham contracting and liability to employee entitlements)? Ensuring the right classification from the outset protects your business from hefty fines and compliance issues. #AgnewLitigation #EmploymentLaw #ShamContracting #Contractors 

Do you know when an award applies to your employees? There’s a common misconception that if someone’s paid over the high-income threshold, awards don’t apply. This couldn’t be further from the truth. Even high-income earners can fall under award coverage if their role matches specific duties in an award. Ignoring this can lead to issues around entitlements and protections like unfair dismissal rights. Simply put, the application of awards is not determined by the wages paid or even the name of the role you have employed the employee in—it is determined by the industry, by the occupation and the tasks performed by the employee. So, take the time to review your team’s duties and make sure you understand where an award applies to avoid any unwelcome surprises down the track. #EmploymentLaw #HighIncomeThreshold #UnfairDismissal #EmploymentLawyer #BusinessOwner