Tackling the Legal Challenges When Recruiting Employees - Recorded Online Conference

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion.

Session 1: Horses for Courses: Choosing the Right Engagement Type When Hiring Employees

When hiring employees to meet labour demands, a critical consideration is determining the right employment type: permanent, casual, fixed term or maximum term. This session will set you straight on the definitions of the different employment types, and have you thinking about the risks associated with miscategorising the employment relationship. Matters covered include:

• Common law and workplace instrument definitions of employment types:
  • full-time
  • part-time
  • casual
  • fixed term
  • maximum term
• Operational considerations – what is the right type for your business’s needs?
• Legal risks of miscategorising employees, particularly casuals who are not really casuals
• When casual conversion is required by Awards
• Legal risks associated with term contracts, with reference to case law including Saeid Khayam v Navitas English Pty Ltd [2017] FWCFB 5162

Session 2: Managing the Risks of Misrepresentations in the Recruitment Process

When can an employer sue an employee for pre-employment misrepresentations? If an employee intentionally gives false information, can an employer have a claim for damages? Conversely, what if an employer “oversells” the nature of a position to a potential employee? The recruitment process can be ripe with legal risk. This session examines the key issues, including:

• Rights of employers if the employee is found to be lying
• Does silence amount to a misrepresentation?
• When will a misrepresentation be fraudulent misrepresentation?
• What should employers be doing in their pre-employment processes to minimize risks of employee misrepresentation
• Does an employer have a potential claim to damages?
• When can an employee be summarily dismissed for misrepresentations without risking an unfair dismissal claim?
• Employers promising the kingdom of heaven to potential candidates – when will it get you into trouble?
• Recent cases: Emma Valenzuela v Spectrum Community Focus Limited; Carr v Empirical Works Pty Ltd v Anor

Session 3: Documentation Essentials for Employers: Dodging the Traps in Employment Contracts

All employers want to ensure their employment contracts are watertight. This session examines some common – and not so common – traps that arise when documenting employment arrangements. This session looks at what those risks may be and includes:

• Award coverage – finding the right award and understanding when the Miscellaneous Award 2010 will apply
• Incorporation of terms
• Employment contracts and restraints of trade – when will they be enforceable?
• Employees, contractors and IP – who does the IP belong to and what should you have in your contracts?
• Confidentiality and trade secrets – protecting your information
• Top tips for drafting watertight employment contracts