General Employment Advice

Apex Consulting provides general employment advice including:

Restraint of Trade Enquiries

  • What does the restraint of trade clause in the employment agreement mean I can and cannot do
  • My friends tell me restraint of trade clauses are not enforceable – is this true?

Privacy Issues

  • My employer has asked me to provide consent so he/she can obtain my medical information – is he/she allowed to do this?
  • Am I allowed a copy of information on my personnel file?
  • My employer has disclosed personal information about me to a third party without my consent? Can he/she do this? What can I do to ensure my information is not being disseminated improperly?

Sexual Harassment

  • A work colleague is acting inappropriately around me and making me feel uncomfortable. This person is my senior and I don’t want to jeopardise my job. What can I do?

Discrimination

  • I believe I am being discriminated against at work because of my race/sexual orientation/disability
  • What can be done to ensure that I have the same opportunities as other employees?
  • Can I take action against my employer if I can show I am being discriminated against?

Bullying in the Workplace

  • My manager seems to always be picking on me and unfairly criticising everything I do.
  • I have tried to talk to him/her and to other people in the organisation about this but nothing changes.
  • I no longer want to come to work and my mental health is suffering.
  • What can I do?

Poor Performance Issues

Employers

  • My employee seems to be incapable of doing their job properly
  • I have provided additional training but I just don’t think they are capable of carrying out the duties required of their role
  • Is it possible to terminate their employment?
  • What process do I need to follow before I can do so?
  • Poor performance issues

Employees

  • My employer has sent me a letter asking me to attend a meeting to discuss my performance.
  • The letter states they are proposing to put me on a Performance Improvement Plan.
  • What does this mean?
  • Am I going to lose my job?
  • Does my employer need to provide me with support and training to help me improve my performance?

Reviewing Employment Agreements

Employers

  • Reviewing agreements prior to presenting these to an intended employee to ensure all statutory and desired contractual terms and conditions are included

Employees

  • Reviewing and explaining the effects and implications of all terms and conditions in the draft agreement provided to them prior to the employee signing this.

Trial Period Clauses

Employers

  • Ensuring that the trial period clause included in the employment agreement contains all statutory elements to ensure its validity
  • Explaining why it is so important that the employment agreement is signed prior to an employee commencing his or her employment if the employer later seeks to rely on this clause to terminate the employee’s employment.

Employees

  • Explaining the effects and implications of the inclusion of a trial period clause in an employment agreement
  • Ensuring the employee understands what rights he or she does and does not have if an employer seeks to terminate their employment in reliance on this clause.

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