Staff are one of the most valuable assets that any business can have. As the “face” of your business, they portray its ethos, its values and reflect its morale.
Attracting and maintaining great staff comes down to valuing them, and often this has its basis in the legal requirements you are required to meet as a business owner, employer or manager. Here’s a quick insight into your obligations when it comes to staff and the law.
It’s not just ticking boxes
At their core, the laws relating to staff are about protecting both the employer and the people you hire. But these requirements are not just about ticking boxes. By meeting your legal obligations, you provide a workplace that is safe, secure and, ideally, fosters a harmonious, productive environment.
Often these laws also provide a foundation for the further policies and procedures that enable your business to grow and thrive by harnessing the talents of great personnel.
Staff and the law
As the Australian Government notes, legal requirements for employing people are derived from a number of sources including federal, state and territory laws; industrial awards and agreements; tribunal decisions; and contracts of employment (whether written or verbal).
Your legal obligations as an employer include:
- paying your employees correct wages
- providing employees with pay slips
- reimbursing your employees for work-related expenses
- ensuring a safe working environment
- ensuring you have workers compensation insurance for each employee
- not acting in a way that may seriously damage an employee’s reputation or cause mental distress or humiliation
- not acting in a way that damages the trust and confidence necessary for an employment relationship
- not providing a false or misleading reference
- forwarding PAYG tax instalments to the Australian Taxation Office (ATO)
- making appropriate payment under the Superannuation Guarantee legislation.
Workplace policy
All the legal obligations listed above offer minimum requirements that you need to meet as an employer, but truly effective workplaces thrive on clear communication. One of the most valuable documents any business can have when it comes to personnel is a workplace policy.
Your workplace policy is derived from the legal requirements you need to meet and the requirements your staff are expected to uphold, but it also extends further to encompass the business ethos, its operations, customer service and the expected behaviour of personnel.
The behavioural requirements of personnel can be further clearly outlined within a Code of Conduct, which will also note the disciplinary action that will be undertaken should staff fail to meet expectations.
Your workplace policy and Code of Conduct are just some of the documents that allow you to manage staff effectively and ensure your business is being running legally and safely.
Disciplinary action
Should personnel consistently fail to meet their obligations or adhere to the Code of Conduct, disciplinary action may be required, and NSW Industrial Relations explains this will often fall under a businesses’ documented disciplinary procedure.
A disciplinary procedure sees staff undergo a formal, yet “fair and reasonable process” in a bid to address performance issues. If the problems identified cannot be suitably addressed by the staff member, the end result of disciplinary procedure may be termination of their employment.
How T & T Lawyers can assist
As legal experts in a range of business issues, T&T Lawyers can assist your business in ensuring you have met the legal requirements for managing staff and have the adequate documentation in place.
We also offer expert advice on all issues relating to employment law, advising both businesses and employees.
Our range of expertise extends from employment agreements to workplace injury, workplace rights and redundancy.
About T & T Lawyers
T & T Lawyers is a dynamic and progressive Sydney-based firm offering sound advice, effective strategies and the best possible outcomes in all areas of law including employment law and business obligations.
You can learn more about our services here, or contact us directly for further advice.
