As Sydney’s trusted employment contract lawyers, we are able to handle disputes and unfair dismissal cases.
National Employment Standards (NES) and awards do not cover everything in an employment relationship. A Common Law contract agreement sets out more than just the hours of work and salary. It sets out the precise terms and conditions of employment and offers a level of certainty to both employers and employees of exactly what is expected in the employment relationship.
National Employment Standards
Under the Fair Work Act 2009 (Cth), the NES sets out 10 minimum conditions of employment in relation to:
- Maximum weekly hours;
- Maternity leave;
- Flexible work for parents;
- Annual leave;
- Personal/carer’s leave;
- Community Service Leave;
- Public holidays;
- Information in the workplace;
- Notice of Termination and redundancy pay; and
- Long Service Leave.
Modern Awards, if applicable, also further define these minimum conditions.
An employee cannot be offered less than the minimum entitlements under the NES or any other legislative instrument such as an applicable award.
All minimum entitlements under the NES cannot be displaced and will override any offer which is less than the minimum entitlements.
An employment contract allows flexibility to offer an employee an employment contract that best suits the individual circumstances of your business.
Employment Contract Issues not addressed by NES or Awards
An employment contract allows a wide range of matters pertaining to the employment relationship that the NES or other industrial instruments do not manage. These include:
- Confidential information;
- Intellectual property and moral rights;
- Restricted activities;
- Medical examination;
- Responsibilities and duties;
- Employee contract;
- Investigation and suspension; and
- Obligations on termination of employment.
If you wish to raise disputes regarding unfair dismissals or any of the above points, get in contact with Sydney’s reliable employment lawyers.
What Three Elements are Vital in Employment Contracts Across Sydney?
Employment contracts are an absolute necessity when hiring individuals or even signing on with a business. However, there needs to be three elements present to ensure the employment contract is legally binding:
- Offers a set of clear obligations and expectations by the employer for the employee to meet throughout the contractual period;
- Provide adequate consideration appropriately in line with the commitments drafted up;
- In order for an employment contract to be legally enforceable under law, both parties must accept the terms and conditions of the agreement.
However, a string of difficult situations can arise relating to workers’ employment contracts and might require the intervention of a lawyer on one’s behalf. In such instances, the assistance of our expert lawyers can be paramount to resolving any existing employment disputes (i.e., unfair dismissal).
Our Sydney team of professional lawyers are well-versed in dealing with an array of disputes, such as unfair dismissals, and ensures to settle them appropriately for the client. Additionally, our lawyers establish clear lines of communication with clients to build trust and possess years of experience in providing in-depth knowledge and attention to every project (employment contracts and unfair dismissals).
Why are Employment Contracts Indispensable Assets?
It is essential to construct a well-drafted employment contract to cover any and all legal aspects to avoid any disputes from occurring. There are a few factors to take into consideration when composing an employment contract or signing one from your potential employer, for instance:
- Employee Responsibilities: It is vital to have an employee’s duties clearly listed to avoid any room for disputes (such as unfair dismissal) to take place. Our professional Sydney lawyers know how to draft an employment contract that is suitable for you.
- Job Security: The terms and conditions relating to an employee’s job security and notice period are essential aspects to include in detail to reduce any grounds for disputes or unfair dismissals.
- Income: Part of an employment contract is to ensure the annual income is stated in a straightforward manner for the employee so they may take it into consideration.
- Defined Protocols: It is crucial to mention employee leave entitlements and any other additional procedures that need consideration. This ensures that any employee wishing to take leave is aware of the necessary process to follow through when applying for it. Additionally, it allows staff to securely request leave without any hinderance or disputes.
- Confidentiality Clause: With the help of our expert lawyers, implementing the confidentiality clause in an employment contract can ensure that vital business information is legally protected when hiring employees—vice versa, ensuring that your information as an employee is also equally secure.
Our Lawyers Resolve Unfair Dismissals in Sydney
Our Sydney team of highly experienced lawyers treat each project with professionalism and confidentiality and handle every bit of the process in your stead. For more information and advice concerning Employment Law, unfair dismissals, and other disputes, contact the experienced team at Rockliffs Lawyers in Sydney today or request an online quote.