Employment contracts exist to regulate the legal relationship between the employer and employee. While the employment contract provides detail to the employment relationship, the contract cannot attempt to offer less than the employee is entitled to under the Fair Work Act, Modern Awards & Enterprise Agreements.

Common problem areas include:

  • Restraint of trade clauses: which attempt to impose restrictions on an employee from working after termination;
  • Remuneration: which may be being paid under award rates or which may be based on a mischaracterisation of your position and duties;
  • Provisions relating to Leave, TOIL, overtime & reasonable additional hours and penalty rates;
  • Allegations of misconduct: relating to a breach of contract or breach of workplace policies.

Issues that arise under an employment contract are varied and complex, and can invoke many other areas of law.