Hiring Staff

When hiring staff, it’s important for employers to give thought to a range of issues. Our business lawyers can make sure you get it right.

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Hiring staff - Why you need a lawyer

Financial Assets

Ensuring employers comply with laws

As an employer, it is critical that you meet Australian laws when hiring staff. This may be regarding not discriminating when hiring, checking their licences and qualifications, paying your staff the right amount, paying their superannuation and tax, keeping the required records, and much more. We can assist you in ensuring you hire staff in line with the law so you can feel confident that you are complying with the law.

Timely Legal Services

Helping you understand the recruitment process

Before you begin hiring staff, you must understand the steps required for the recruitment process. You should seek the right employees for your business, ensure you get the best out of your team and understand your responsibilities as their employer. This process can often become overwhelming, particularly if you are hiring multiple staff at once. A lawyer can guide you through the process, ensuring you follow each step correctly.

Dispute Resolution

Educating employers on their legal obligations

As an employer, it is important you have an understanding of your obligations when you are hiring and managing staff, such as payroll tax, superannuation, leave, WorkCover insurance, workplace health and safety and more. A lawyer can educate you on what is required of you throughout the process so you can reduce the chance of costly workplace issues or disputes arising later down the track.

Frequently asked questions

You are able to hire a range of types of employees, including:

- Permanent employees (full-time or part-time);
- Casual employees;
- Trainees or apprentices;
- Contractors; or
- Temporary employees.
Employers have many obligations towards their workers. These include:

- Employee hiring and termination;
- Pay as you go (PAYG);
- WorkCover insurance;
- Anti-discrimination and equal employment opportunities for all individuals;
- Superannuation;
- Awards, pay rates, leave, entitlements for employees;
- Payroll tax; and
- Work health and safety.
If you have existing staff that possess the skills or abilities you are looking for, it might be useful to consider postponing hiring new staff, as hiring the right staff can often be expensive and time consuming. Consider training your existing staff so they can learn the skills you seek. However, if you believe your existing staff could not be trained to learn the skills you require, or your business needs extra capacity, you may wish to hire new staff.
The steps towards hiring staff include:

1. Registering yourself as an employer.
2. Having an understanding of employment laws.
3. Writing a job description.
4. Advertising the job.
5. Creating a shortlist of potential candidates.
6. Conducting interviews.
7. Making a job offer.
8. Checking your responsibilities as the employer.
9. Waiting for the employee to accept the offer.
10. Evaluating the employee’s performance over time.
Often employers may struggle deciding who to hire. It can be helpful to discern some warning signs candidates may show so you can narrow down your list of potential employees. Some warning signs include:

- A candidate has employment gaps they cannot explain;
- There are errors or lack of attention to detail in the candidate’s resume or cover letter;
- A candidate has a generic cover letter that could be used to apply for any job;
- Candidates are overly emotional in an interview;
- Candidates display unprofessional behaviour or arrogance during an interview; or
- Candidates aren’t willing to provide details or required documents.
There are many factors that can motivate employees to take a job aside from just money. These include:

- Having a sense of purpose and knowing their work is helping others;
- Having a sense of flexibility over when, where and how they work;
- Being able to look after their physical, mental and emotional wellbeing;
- Working in an environment that treats every worker equally;
- Feeling empowered by the work they are doing;
- Having opportunities to learn new skills in the workplace;
- Feeling like every worker’s voice is valid and appreciated;
- Having tasks that challenge them; and
- Feeling accepted and like they belong.

If you believe your workplace could help an employee achieve any of the above, you should try to integrate these elements into your job ad when you are hiring staff.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of employment law

Forge Legal’s employment lawyers are specialists in all areas of employment law and can assist you with all employment law matters.

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