When hiring staff, it is important for employers to give consideration to a broad range of issues. It is not enough in today’s world to simply identify the nature of skills brought to the table by a candidate and the requirements of the role and workplace. It is also important for Employers to ensure when hiring staff that applicable laws are complied with and appropriate systems and procedures are in place to facilitate and document this process.
Legal Considerations when Hiring Staff
Without limiting the nature of such matters requiring attention, efforts should be given by employers to ensure that:
- They act in accordance with applicable law at all times during the hiring process, including but not limited to ensuring that no unlawful discrimination is entered into inadvertently or otherwise;
- Relevant employment documentation addresses relevant issues properly, including applicable employment agreements and workplace policies. In this respect, consideration as to whether a probationary period will apply to the employee, and to consider how this is to be documented, reviewed and otherwise assessed is imperative; and
- Remuneration and other entitlements provided to employees meet at the very least minimum standards as prescribed by relevant legislation and/ or Award or industrial instrument.
- By ensuring that such issues are properly considered and addressed, employers may limit the potential for adverse claims to be raised against them in relation to the hiring and employment of new staff.
Navigating the complex workplace relations system in Australia is not always easy. Many employers benefit from receiving legal advice in relation to their hiring processes and procedures, and broader employment related documentation to ensure that they are acting in a legally compliant manner. The team at Forge Legal employment law team have decades of experience navigating industry-specific Awards and employee legislation, assisting countless SME’s in relation to legal matters relating to the hiring and employment of staff. Contact us today to help protect your business and close out loopholes that may end up costing your business precious time and money.