From hiring to firing: a basic guide to the employment law life cycle in Australia
For many employers, the key to having a productive and high-performing workforce is recruiting the right people. It is important for employers to be aware that even before an employee commences work, there are a number of legal issues that arise in the process of seeking, interviewing and selecting candidates for a position.
Employers are prohibited from discriminating against job applicants on the basis of an attribute (including sex, race, pregnancy, age, impairment, political belief or activity) in determining who should be offered employment. The protected attributes from state to state depend on the state’s legislation. When short listing or selecting candidates, employers should ensure that any decision is based on consistent selection criteria, which are not discriminatory.
Employers also must not discriminate against a person in the terms upon which employment is offered to them or by refusing or deliberately omitting to offer employment to a person.
Employers also need to be aware of the general protections provisions of Australia’s employment legislation, the Fair Work Act 2009 (Cth). These provisions, which are considered in further detail below, apply prior to employment commencing as well as during the course of employment…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
India recently staged the largest free democratic election in world history, bringing to power the National Democratic Alliance, and with it a fresh sense of optimism.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions