Employment Law – contracts of employment and discrimination

Employees need to understand and have proper advice on employment contracts– what they are, how they work, what rights, obligations and entitlements they contain and how to ensure that employment rights are protected.

What is an employment contract?

An employment contract is a legally binding agreement between employer and employee. An employment contract can be in writing or verbal or a combination of both. It contains both the employer's obligations towards the employee and the employees' rights and responsibilities in employment.

Employment contract negotiation

With your rights impacted by federal workplace legislation it is important that you understand how your contract of employment will operate in the new environment. It is best to seek experienced employment lawyers’ advice whilst negotiating your new contract of employment. Proper due diligence used to ensure an appropriate contract of employment is an investment in your job security and your future.

Workplace Discrimination

Not all acts of discrimination are unlawful. In order to have a case of unlawful discrimination, employees must be able to show that their employer has acted to their detriment for an unlawful, discriminatory reason. Such reasons may include:

• age
• gender
• race
• family responsibilities
• temporary absence from work due to illness or injury
• making an OHS complaint.

The majority of workplace discrimination cases are resolved prior to trial, saving considerable time and expense. In some cases an urgent order can be made to stop acts of workplace discrimination.

Trade Practices Act

In today's competitive labour market, employers need to provide incentives to attract the best employees, but may not always be in a position to honour their promises.  Employees who have been misled and deceived about their terms and conditions of employment, their earnings or their career progress, may have a claim against their employers, under legislation including the Trade Practices Act (Cth).

Restraint of Trade

Many employment contracts contain provisions seeking to prevent their employees going into competition after the employment ceases. The critical issue is whether your restraint clause is reasonable.

Determining what is a reasonable restraint is notoriously difficult and technical. Of particular importance is the duration of any restraint and its geographical spread. The longer the restraint and the more geographically wide-ranging, the less likely that it will be enforceable.

Unfair Contracts

Independent contractors with unfair contracts may be able to have the unfairness removed. Speak with an experienced employment lawyer regarding the possible outcomes under independent contractor’s legislation.

We are an independent legal referral service. We have access to specialist Employment Lawyers who can advise you of your rights. Complete the Contact Form to find out more.