Employment Law: Studying and Training for the Critical Issues

Company owners, supervisors, managers, members of the human resources team and other key company personalities should be aware of and updated regarding employment law. It’s not an option, it’s a requirement. Company leaders should be knowledgeable of a number of statutes, practices, rulings, interpretations and current laws that apply on the local, federal and state levels.  

It’s a requirement because the company is expected to be completely aware of all existing and applicable employment law. Failure to do so could mean law suits, penalties and even government action against the company. This is, clearly, a critical and sometimes complicated task. Some components of it require not just a considerable amount of staff hours but also a considerable degree of expertise and experience. Some organizations have an in house department or team or even a legal department to handle the processes and issues covered by laws on employment. Other businesses hire human resource consultants or service providers to make sure that they have an experienced and knowledgeable team managing the critical processes and issues.  

Critical aspects in the business that need expertise regarding applicable labor law include several issues and processes under Enterprise Agreement such as Enterprise Agreement terminations, drafting and lodging of Enterprise Agreements, variations, calculation of compensation and representing the organization before a tribunal that handles all matters related to Enterprise Agreements.

Another task that requires knowledge on applicable labor legislation is drafting the employment contract. A task accomplished during the recruitment and hiring process, drafting the contract employment is in critical need of guidance from someone knowledgeable in labor laws. This is to make sure that there are no phrases or words that could be misunderstood and could lead to lawsuits. Other tasks such as drafting company policies and procedures and managing occupational health and safety, and employment conditions also need expertise on applicable and relevant laws.

These and other similar tasks such as those for recruitment and hiring, in particular tasks for hiring employees from abroad and up to the end of engagement or employment are among the critical issues and processes that demand skill – and, therefore, a fair amount of studying and training – to be able to provide sound legal advice and, in some cases, provide legal representation.

Yet another set of tasks that require knowledge of laws on employment are those that are required to resolve Industrial Relations disputes and other issues such as union right of entry and good faith bargaining. Handling issues under wage claims, managing National Employment Standards and applicable industrial instruments, auditing and reporting, obligations on record keeping and counsel and representation during claims regarding wages and employee benefits.

Whether you have an in house team or a service provider handling these tasks, what you need to make sure is that the team is competent and well trained. For an in house team or department, that means training and constant re training to make sure that the team is updated on the prevailing laws, as well as the trends and processes used in handling issues that fall under employment law.