Employment disputes

The Employment Contract

Each time you hire someone to work for you, you enter into a contract of employment with that new worker. This can be verbal and as simple as an offer and acceptance of employment.

Disputes over terms and conditions of employment can largely be avoided by the use of good employment practices when hiring staff. A letter of appointment or similar written document outlining at least the following will assist in reducing the chance of disputes:

• Names of both the employer and employee
• Starting date of the employee
• Job title and description and nature of employment (full-time, part-time or casual)
• Address of the workplace(s)
• Name of the award or agreement that governs terms and conditions
• Details of pay – hourly rate/salary and when it is paid (weekly/fortnightly)
• Hours worked each week – start and finish times/ lunch & rest breaks etc
• Annual leave and sick leave entitlement
• Details of superannuation scheme applicable
• Grievance procedures
• Notice required on either side to terminate employment 
• Disciplinary procedures
• Signatures of both the employer and employee

Good business practice would include this document in a formal induction procedure, which would also cover such things as health and safety, workers compensation and introduction to the worksite.

The following publication offers more information about induction procedures.

 Making your small business safer and healthier (GB148)

Managing Disputes

If a dispute arises in your workplace regarding wages and conditions under Tasmanian industrial relations legislation there are several parties who may assist in resolution.

Initially either party may ring the Workplace Standards Tasmania Helpline for information and assistance in understanding the provisions of their award. Most awards have a dispute or grievance resolution clause.

If the dispute cannot be resolved in the first instance by discussion between the employer and worker, union members may wish to seek assistance from their union or an employer from an employer association.

Alleged breaches of award entitlements may be referred formally to Workplace Standards Tasmania for investigation or directly to the Tasmanian Industrial Commission for hearing. Workplace Standards Tasmania cannot assist with claims for unfair or unlawful dismissal – in these cases the union, employer association or legal advisors may be of assistance.