Employment Contracts & Disputes

Negotiating employment contracts for Employers or Employees

Employment law is a complex area of law to understand and is now governed by the Fair Work Act 2009 administered by Fair Work Australia and overseen by the Fair Work Ombudsman. The number and complexity of award structures that exist in different industries add to this complexity as does the ability to seek civil damages.

If you seek sound advice and have a well drafted Employment contract from the start, you can establish a fairer and more stable framework upon which to commence an employment relationship.

We can negotiate and draw up individual Employment Contracts or negotiated workplace agreements, called Enterprise Agreements, to ensure that conditions of employment comply with the National Employment Standards (NES) and all parties are aware of their rights and responsibilities, and the consequences of breaking the contract, from the outset.

Some common issues in employment disputes are:-

• Redundancy
• Performance review criteria and the assessment of performance
• Transfer of employment (including request to transfer and forced transfer)
• Leave entitlements (including maternity leave)
• Demotion (including demotion after returning from maternity leave or demotion after a company restructure)
• Sexual Harassment
• Dismissal and the necessary grounds for summary dismissal
• Flexible workplace arrangements, changes in hours and shifts
• Non-compliance with the National Employment Standards
• Salary
• Working conditions
• Misinterpretation of conditions of employment due to implied conditions

Breaches of Contract

For Employers

If you are an Employer and you discover that your Employee has breached the terms of a Contract with you, you have certain rights to enforce the terms of the contract.

If you would like to talk to an experienced Employment Lawyer about either dismissing an Employee for breach of contract and/or taking action to recover damages, for breach of contract, we can advise you of the likelihood of success and the potential outcomes.

For Employees

If you are an Employee and you are aware that you are breaching the terms of your Contract and/or have been caught breaching the terms, you have certain possible courses of action that can be taken to minimise damages payable if the Employer seeks to enforce the terms of the contract.

If you would like to talk to an experienced Employment Lawyer about either negotiating the conditions of your employment or seeking to minimise any damages if the Employer wishes to enforce the contract, we are able to advise you of your likelihood of success and the potential outcomes.

Employment Disputes

There may be instances when Employees feel that they have been discriminated against, verbally or sexually harassed or unfairly dismissed. Please see our section on Unfair Dismissal and Sexual Harassment for more information.

After an employment contract is entered into, if both parties to the contract are in agreement, it may be varied, amended, renewed or extended.

We have successfully acted for Employers and Employees alike in all courts for more than 20 years. Over that time we have seen the same mistakes being made by both parties.

If you would like to get the right advice on an employment law issue, please do not hesitate to contact our experienced Employment Lawyers on +613 9523 8811, request a cost estimate or email an enquiry.