Legal
Issue No. 57 - February/March 2011
Common employer mistakes to avoid
by Michael Kay
Part of being a good employer is being able to learn from your mistakes, but equally important is being able to learn from the mistakes of others.
Kelly & Co.’s employment law specialists see employers make a range of common mistakes that can lead to fines and/or back-payments in the order of hundreds of thousands of dollars.
Three of the most commonly made errors by employers include:
• making incorrect assumptions about Awards
• failing to keep sufficient records
• not having adequate employment contracts
1. Incorrect assumptions about Award coverage
It’s a myth that paying employees above their appropriate Award rate ensures compliance. This is a false and dangerous assumption.
Under the current Awards scheme, there are several non-monetary conditions.
For example, Modern Awards require that an employer who makes a decision to implement workplace change must first consult the employees who will be significantly affected, and their representative where appropriate.
In 2010, Queensland Rail and two subsidiary companies were found guilty of failing to consult employees and their representatives in relation to a ...
