As an Employer do you know your legal obligations for documents and records?

At Bailiwick Legal we are constantly surprised at the gaps in documentation that our clients just didn’t know they had to have !

Documents you must give to your employee (and keep a record of)  :

Documents you must have as an employer and keep records :

Penalties can be imposed where relevant records are not maintained.

In addition, we believe that there are a number of essential and highly recommended documents that would be useful to use to assist with the smooth running of your business.

Induction Manuals and Checklist are usually a good means to ensure each employee is made aware of key information, such as reporting lines, safety equipment and policies.  Maintaining a record of the provision of this material to an employee, or having the employee sign acknowledgement of their receipt and understanding of such matters, will invariably assist in answering any later claims.

Similarly, including a complaints or dispute resolution procedure will assist with the management of complaints, which again are often useful in addressing subsequent termination or adverse action claims.  A Code of Conduct is an essential tool which sets out your expectations of behaviour, dress and service standards and can be a useful tool where performance management of an employee is required.

At the very beginning of the relationship though, perhaps the most important of all documents – although many employers still do not use them – is the signing of the Contract of Employment.  An essential document that sets out conditions of employment, the duties required to be performed and provides for the hours of work, leave entitlements, performance management and termination rights.  A small investment in developing and using written contracts of employment is a risk management “must do”.

At Bailiwick Legal we assist employers and employees understand their rights and responsibilities under Australian workplace laws. We also work to resolve workplace issues, often while the employment relationship is ongoing and also at its end.

If you would like assistance with understanding your legal obligations on the provision and retention of documents, or workplace matters generally, please contact us on (08) 9321 5451 or by email at

For further information about our legal services, please visit our website:

The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.


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