Choosing the right expert. It’s about checking they’re experts in the area you need help with.
Watch the video below. To learn why. From a recent example. Of a customer of mine that used the wrong expert to guide them. With an employment contract.
Choosing the right expert means understanding that expertise comes from an area of focus. And years of experience.
Choosing the right expert in Australia is important. Due to the complexity of Australian Law. And business regulations is why choosing the right expert is important. There are many facets of Human Resources management. As there are in Law. And each one requires deep understanding to be an expert. So, a lawyer will specialise in a field of law. Most lawyers will have a general understanding of all areas of law. But when it comes to advice you need to make sure they’re experts in the field of law that you need help with. The same is true of Human Resources people. There are generalists who are across most areas of HR. And there are specialists who focus in one area. Lawyers and HR consultants tend to specialise in an area or industry. Where they have most experience and are most comfortable. And interested in.
Employment law and legal documents need specific experience, expertise, and approaches. So, choosing the right expert to help you is important
As in any area requiring expertise you need to consult the right expert. It’s not smart to speak with a dentist about a knee problem. Unless it’s related to your teeth falling out. Because your knees gave out and you fell. It’s the same in business. It’s best to speak to someone who specialises in the area that you need help with. So, when it comes to employment agreements or contracts it’s best to speak with experts in that field.
A criminal law firm or criminal lawyer is not the right expert to help you. When it comes to employment agreements or contracts. They can write reasonable ones. But if they’re not 100% up to date with employment law and changes to legislation they may not be 100% correct.
It isn’t a legal requirement to have a written employment contract or agreement in Australia. But when you do, it’s important to choose the right expert to write them
No, it’s not a legal requirement but it’s a good idea to have them. To show that you have included all the requirements. Of the National Employment Standards. And to protect your business. They are important documents. So, you want to make sure the wording in the content are fit for purpose. If you get them from a source that is not up-to-date with employment legislation, you could be in for a bumpy ride. Imagine an employment agreement or contract that is not fit for purpose. It could leave you exposed to a messy situation. That’s hard to navigate without further legal costs.
Different types of employment need different types of agreements or contracts. So, it makes sense there are different experts to choose from to help you.
There are various types of employment. As casual, permanent, and part time. As well as permanent part time and on contract. There are regular updates to the various types of employment. So, it’s important that any written agreements reflect the type of employment. And are up to date with any changes. There have been significant changes to casual employment. And to contracts such as fixed term and maximum term. It becomes a big deal when things go wrong in the employment relationship. The burden of proof lies with the employer not the person who wrote the agreement or contract. So, it’s important to get them right.
A customer engaged the wrong expert to write an employment contract
A customer who had engaged a law firm before collaborating with me. The Law firm they engaged, specialised in criminal law. Not employment law. They wrote a fixed term contract. Which was not written with the right information. Since the closing the loopholes, legislation passed in 2024.
The person the contract was for was on a fixed term contract at a not-for-profit organisation. The contract had many flaws. It read as if it were for a permanent employment contract. It would have caused problems for the organisation if the relationship broke down. And if it went to court the organisation would have to prove there was no unfair dismissal. Professionally written contracts, written for the intended purpose can prevent unfair dismissal claims. That’s why it matters to have the wording of contracts or agreements right. Before you commit time and money to an expert to help you in business. Double check they are an expert in the field you need. It could save you a lot of trouble.
If you would like advice or learn more, book a FREE 15-minute discovery call with me.
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