We are highly experienced in advising employers across the full spectrum of the employment relationship. We take a proactive approach in our advice and focus on risk management and implementation of best-practice solutions, processes and procedures.
The services Arro can provide in relation to employment law include:
- Advising on relevant workplace legislation and industry awards, including coverage and entitlements.
- Preparing and negotiating all employment related agreements including full time and part time employment agreements, internships agreements, executive employment agreements, casual employment agreements and consultancy agreements.
- Advising on the differences between employees and contractors and corresponding entitlements including superannuation, WorkCover, PAYG and payroll tax obligations and providing assessments as to the correct classifications.
- Advising on and preparing workplace policies and procedures in relation to social media, workplace surveillance, IT use, bullying/harassment and discrimination, performance management, restructuring and redundancies, trade secrets and proprietary and confidential information.
- Advising on termination of employment, including contractual and statutory obligations for notice and termination payments, and dismissal as a result of poor performance or misconduct.
- Advising on the principles applied in forming an employment agreement including express or implied terms.
- Advising on the enforceability of restrictive covenants including non-compete during employment, confidentiality during and post-employment, intellectual property rights and post-employment restraint of trade.
- Assisting employees in the formation of position descriptions.
Dispute resolution performance management, IP ownership disputes between employer and employee
When there is a dispute between an employer and employee, Arro can assist by:
- Calculating the minimum period of employment for dismissal purposes;
- Advising clients on the grounds for termination including summary dismissal, redundancy, sale of transfer of business, winding up of business, death, resignation, abandonment and incapacity;
- Advising clients on termination remedies including common law action for wrongful dismissal, unfair dismissal, constructive dismissal and unlawful termination;
- Facilitating discussions between employers and employees to resolve conflict and provide solutions;
- Advising clients on best practice management of underperformance including identifying the problem, assessing and analysing the problem, meeting with the employee to discuss the problem, jointly devising a solution and monitoring performance;
- Advising small business of their obligations under the small business fair dismissal code; and
- Calculating notice and redundancy pay.