Employment Contracts
We can provide assistance in drafting contracts of employment and reviewing existing contracts of employment. It is important to ensure that any contract of employment is in accordance with current workplace laws and is therefore enforceable. The laws change regularly, so contracts should be reviewed every 3-5 years. Employers should be aware of how an employment contract operates alongside workplace policies. Often, these will provide detailed requirements about employee conduct in matters such as:
- Bullying and harassment;
- Discrimination in the workplace;
- Drug and alcohol policies;
- Occupational Health and Safety;
- Performance Management;
- Internet, email and social media usage;
- Redundancy;
- Work from home.
We can assist with drafting or reviewing these policies, and have template contracts which incorporate the policies and the employment contract in the one comprehensive document.
Employment contracts should contain key provisions relating to the following matters:
- The need for employee loyalty, and avoidance of conflicts of interest;
- Employer reliance on employee statements about their qualifications;
- Non-compete or restraint of trade clauses;
- Incorporation of the person’s position description; and
- Annual performance review processes and key performance indicators (KPIs)
For employees, we can review and advise you on the operation of the contract of employment and your legal obligations under the contract. The most important thing is that the contract is legally binding, and must provide for the legal minimum set by the National Employment Standards (NES) or the relevant registered agreement.
The way contracts are drafted and read is paramount to any breach or legal action taken surrounding them. It is essential for a legal practitioner to help during the process, including advising executives prior to starting with a new employer. We can establish the most effective and efficient contract so that both employee and employer reach agreement on the terms and conditions and avoid possible confusion in the future. PH Solicitor has expertise on a range of different employment contracts.
