The Best Advice: Write It Down!

One of the most frequent questions that ER and Legal will often ask members is this: Did you write it down?

Whether it be a dispute with a customer, a difficult employee, or an problem with a supplier, often the biggest cause of a business’s headaches are the lack of records and evidence, especially at the later stages of a claim (ACL, Fair Work, Debt Recovery etc.).

That’s why it is always important as a business that you keep appropriate records and Write It Down!

Whilst admittedly not always enough to resolve all legal issues, here are some common examples of when you can substantively benefit from having something in writing:

Customers

·        Repairs where additional faults are found, and the customer doesn’t want to spend the money (Emails, text messages, putting on the invoice)

·        When getting permission to undertake further work, that may hit the customer’s wallet (text messages, written agreements)

·        When you find things which may not be an issue now, but may be an issue in future (Notes on an invoice)

Employees

·        Confirmation of specific or common management instructions (emails, memos, letters)

·        Incident reports (accidents, minor and major injuries, incidents between staff)

·        Changes to hours (variations, agreements, emails)

·        Working hours (excessive overtime, call outs etc.)

Suppliers

·        General Agreements to supply parts (when regular, should be under some overall written agreement)

·        Invoices and requirements (if the parts aren’t suitable for purpose)

The above list is not-exhaustive.

Timing is everything!

Members should get into the habit of writing these things down sooner rather than later. Even a simple recording of events at the time will be better than a day/week/month down the track, and the accuracy of records (as well as the enforcement) will work better if done at or around the time in question. Remember: An short email can save you a lot of time and effort in the long run.

You Bear the Burden!

Under most legislative regimes, the ‘common sense’ approach is not, of itself, sufficient. The burden (or onus of proof) will usually lie on the business and business owners. Your word (or word of your staff/employees) won’t save you either. Therefore, keeping your records will give you something to rely on, and could be the critical difference in a legal action.

In some cases, more substantive documents (contracts, agreements, formal letters) may be needed.

For information on when and where such documents are needed, please contact our Employment Relations and Legal Teams on [email protected].