Claim

The importance of workplace policies

All employers need to maintain, develop and implement appropriate workplace policies in their business.

The need for these policies is not only compliance with relevant legislation, but also to protect the businesses against claims which might arise from inappropriate conduct of employees. Creating and enforcing workplace policies is one way in which employers may be able to effectively prevent or manage such claims.

Putting in place suitable policies can be a time-consuming task and one that is potentially dangerous for those who are not familiar with the legislative and contractual requirements involved.

The purpose of workplace policies is to place both the employer and employees (or prospective employees) on notice of certain things such as prohibited conduct. They often prevent any serious problems arising but if problems do arise, the employer is usually able to prove they upheld their legal duty by showing compliance with an established written policy.

We can tailor policies to meet the requirements of your particular business.

The following is a non-exhaustive list of topics that employers may wish to cover with appropriate policies:

  • Equal employment opportunity
  • Discrimination, harassment, bullying and violence
  • Work health and safety
  • Appropriate email and internet use
  • Workplace surveillance
  • Drug and alcohol use
  • Mobile telephone use
  • Dress codes
  • Annual leave and sick leave
  • Dispute resolution
  • Counselling and disciplinary procedures
  • Privacy
  • Redundancy

The workplace policies should be drafted so that they compliment the employment contracts in place.

FURTHER INFORMATION

Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to workplace policies, business law or employment related matter, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au

 

Have you just been served?

COURT PAPERS JUST DELIVERED TO YOUR OFFICE?

If you have received a Statement of Claim, Summons, Originating Process or Writ, be aware that you must act very quickly.

Replying to the person, entity or firm that issued the Court/Tribunal papers is not enough. Formal steps to file an Appearance, Defence, Notice of Intention to Defend or Reply must be taken within the relevant time.

The proper form of response varies depending on which court and in which jurisdiction the proceedings have been commenced as they each have different Rules and Regulations that apply.

Generally, a Defendant, Respondent etc will have only 28 days or such other period as may be specified in the document in which to file the appropriate response. Failure to do so in time or at all will leave the recipient open to summary or default judgment (automatic judgment against you without a hearing).

Failure to file and serve the appropriate document in response in time can have dire consequences.

A judgment can affect credit ratings, the ability to seek finance in the future and is a precursor to enforcement actions such as bankruptcy litigation, liquidation and winding up of companies, garnishee orders, writs of possession, visits from the Sheriff, notices for examination etc!

Default judgments can often be set aside, but this comes at a cost and immediately puts you on the back foot. In litigation, it is best to stay ahead of the game and be pro-active.

Most court documents are required to be served personally however, companies can be served by post at their registered office. Documents commencing proceedings for small claims (claims under $10,000) can be served by post by the court.

If a court document is served, steps should be taken to immediately seek advice from (rather than leaving it to the last few days).

McKillop Legal can assist in various ways such as:

  • seeking more details of the claim from the lawyers for the party commencing the claim,
  • filing and serving the appropriate document to prevent default judgment,
  • advising on the claim and its prospects of success,
  • filing any defence document
  • preparing your evidence,
  • attempting to resolve the matter prior to any hearing, and/or
  • if necessary, running the hearing with a barrister.

FURTHER INFORMATION

Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to litigation and dispute resolution or any commercial law matter, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au.