The clauses included in employment contracts need to be tailored to suit the specific circumstances and needs of each party entering into the agreement. Protecting both the employee and the employer often means going beyond the basic requirements of the National Employment Standards, relevant state and national awards, enterprise agreements and other registered agreements.
At WGC Lawyers, we have extensive experience as employment lawyers in Cairns helping both employees and employers with structuring and negotiating an employment contract. Below, we look at why it’s important and key clauses to look out for.
Avoiding Contractual Disputes
Whether you’re an employee or an employer, it’s always better to ensure there are specific clauses in your employment contract that cover all important issues. Consulting with a workplace lawyer in Cairns for advice is one way of ensuring you address all considerations relevant to your specific employment relationship.
Disputes are often made much more difficult when terms, conditions and clauses are poorly defined or not included. Keep in mind that even if there is no written employment contract, the law will imply one. In these cases, recent case law is often what influences how an employment dispute gets settled, especially if clauses relating to the issue are vague or absent from the contract.
Termination of Employment
All employment contracts should contain a clause that outlines how an employment can be terminated. This should be clear and concise to reduce the likelihood of disputes occurring.
Arbitration of Disputes
A clear dispute resolution process prevents the necessity of legal action if a contractual dispute arises. This clause should be objective and include clear steps, such as an initial consultation followed by mediation with a third party and option for settlement.
Restrictive Covenants
Employers sometimes seek to include a clause aimed at restricting how or where an employee may work after they leave their job in order to protect their business. Without such a clause, the employee is free to work with a competitor or start their own business, which can include soliciting clients or other coworkers.
Seek Advice From Our Employment Lawyers in Cairns
Get in touch with WGC Lawyers if you need an experienced workplace lawyer in Cairns to help draft an employment contract or check it for you to ensure legal compliance and enforceable protection of your best interests. Call our employment lawyers today on 07 4046 1111 or contact us online.