About Employment Contracts
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- Our Process
- Helpful Information
FreePhone case assessment
Let’s talk about your situation confidentially. We will need to discuss your circumstances in detail to understand what has happened so far to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with employment contract experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Employment Contracts
What is an employment contract?
Employment contracts are contracts between employee and employer. These contracts can be made in writing, orally, or can be oral and partly written. They do not need to be limited to a single ‘contract’ document, they can also include terms and conditions found in other documents, including policies, agreements, and job descriptions.
They often cover how much you will be paid, your ordinary hours of work, whether you receive overtime pay, and the notice you must give to your employer if you want to resign from your job.
Breaching an employment contract
A breach of an employment contract occurs when the employer or employee fails to adhere to the terms of an employment contract. When this happens the other party may be entitled to sue for compensation for the damage suffered as a result of the breach.
In some cases a court injunction can be sought to prevent termination of employment that is a breach of the employment contract.
Varying an employment contract
An employment contract can be changed by agreement if both parties agree to the proposed change. It is important to fully understand what the change may do to your rights and obligations under the contract.
If one party to the contract wishes to change the contract, most often the employer, but the employee does not agree with the change this is called a ‘unilateral variation’ or ‘unilateral change’. This is usually not allowed and the employee may be able to claim for a breach of contract if this happens. It is best for the employee to notify the employer that they disagree with the change. If the employee continues to work without protesting the change this may be seen as evidence that employee has agreed to the change.
If the employee does not agree with the change the only way an employer can change the contract without agreement is if it is allowed under law or under the terms of the original contract or an award or agreement that is currently applying. Many industrial agreements also require employers to consult with employees before making a major change that will significantly affect the employee’s employment.
Sometimes an employer can make reasonable changes to your working arrangements as part of their power to give lawful and reasonable instructions to employees. In these cases the law recognises that there has been no formal change to the employment contract.
If the employee believes that a proposed change leaves them with no alternative but to resign you may be able to make a claim for unfair dismissal or some other termination-based claim. An employee would need to show they were constructively dismissed, which is not an easy claim to make. As such, an employee should seek legal advice before resigning.
If you believe your employer has changed your contract due to a discriminatory or other prohibited reason you may be able to make a claim for workplace discrimination. Please see our fact sheet on discrimination and harassment in the workplace for further information.
Expiring employment contracts
If an employees employment contract is only for a fixed period of time or for a specific project it has different legal rights than an employee with a standard contract.
These types of contracts are called ‘fixed term contracts’. However, if a contract is for a fixed period of time or a specific project but allows for either party to end the contract earlier with reasonable notice they are not classified as fixed term contracts.
Under a true fixed term contract you cannot make a claim of unfair dismissal simply because your contract has ended on the agreed end date or the end of the agreed project. Despite this, if one party ends the contract early, e.g. before the agreed end date, there may be a claim for unfair dismissal.
Enterprise agreements and contracts
An enterprise agreement or a registered agreement sets out the minimum employment conditions.
An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. An employment contract cannot provide for less than the legal minimums.
This means an employment contract cannot stipulate conditions lower than the registered agreement conditions, such as the National Employment Standards.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with employment contract experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will need to discuss your circumstances in detail to understand what has happened so far to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with employment contract experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Employment Contracts
What is an employment contract?
Employment contracts are contracts between employee and employer. These contracts can be made in writing, orally, or can be oral and partly written. They do not need to be limited to a single ‘contract’ document, they can also include terms and conditions found in other documents, including policies, agreements, and job descriptions.
They often cover how much you will be paid, your ordinary hours of work, whether you receive overtime pay, and the notice you must give to your employer if you want to resign from your job.
Breaching an employment contract
A breach of an employment contract occurs when the employer or employee fails to adhere to the terms of an employment contract. When this happens the other party may be entitled to sue for compensation for the damage suffered as a result of the breach.
In some cases a court injunction can be sought to prevent termination of employment that is a breach of the employment contract.
Varying an employment contract
An employment contract can be changed by agreement if both parties agree to the proposed change. It is important to fully understand what the change may do to your rights and obligations under the contract.
If one party to the contract wishes to change the contract, most often the employer, but the employee does not agree with the change this is called a ‘unilateral variation’ or ‘unilateral change’. This is usually not allowed and the employee may be able to claim for a breach of contract if this happens. It is best for the employee to notify the employer that they disagree with the change. If the employee continues to work without protesting the change this may be seen as evidence that employee has agreed to the change.
If the employee does not agree with the change the only way an employer can change the contract without agreement is if it is allowed under law or under the terms of the original contract or an award or agreement that is currently applying. Many industrial agreements also require employers to consult with employees before making a major change that will significantly affect the employee’s employment.
Sometimes an employer can make reasonable changes to your working arrangements as part of their power to give lawful and reasonable instructions to employees. In these cases the law recognises that there has been no formal change to the employment contract.
If the employee believes that a proposed change leaves them with no alternative but to resign you may be able to make a claim for unfair dismissal or some other termination-based claim. An employee would need to show they were constructively dismissed, which is not an easy claim to make. As such, an employee should seek legal advice before resigning.
If you believe your employer has changed your contract due to a discriminatory or other prohibited reason you may be able to make a claim for workplace discrimination. Please see our fact sheet on discrimination and harassment in the workplace for further information.
Expiring employment contracts
If an employees employment contract is only for a fixed period of time or for a specific project it has different legal rights than an employee with a standard contract.
These types of contracts are called ‘fixed term contracts’. However, if a contract is for a fixed period of time or a specific project but allows for either party to end the contract earlier with reasonable notice they are not classified as fixed term contracts.
Under a true fixed term contract you cannot make a claim of unfair dismissal simply because your contract has ended on the agreed end date or the end of the agreed project. Despite this, if one party ends the contract early, e.g. before the agreed end date, there may be a claim for unfair dismissal.
Enterprise agreements and contracts
An enterprise agreement or a registered agreement sets out the minimum employment conditions.
An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. An employment contract cannot provide for less than the legal minimums.
This means an employment contract cannot stipulate conditions lower than the registered agreement conditions, such as the National Employment Standards.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with employment contract experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Popular Employment Contract Questions
If you have been charged we are sure you will have lots of questions.
Some of the most popular ones past clients ask are listed below.
My contract says i can't do the same job elseware?
This may be a non-compete clause. It is a post-termination provision which restrict your right to set up a competing business, usually within a geographical area and for a specific period of time. The non-compete clause must be reasonable. If you believe it is unreasonable you could raise this concern with your employer to see if it is possible to negotiate. If this does not provide satisfactory answers you may instead wish to seek legal advice as to whether the clause is unreasonable at law.
Do i get redundancy if my contract isn't renewed?
Redundancy only comes into effect under certain conditions. It generally only happens when an employer either doesn’t need an employee’s job to be done by anyone, or becomes insolvent or bankrupt. This means that, generally, an employer simply choosing not to renew an employment contract will not result in redundancy being applicable.
What happens if im not happy with my contract?
It is always an option to negotiate with your employer as to changing the terms of the contract. If this does not provide any solution you may instead wish to seek legal advice. There are certain obligations that an employer must comply with as a minimum under the Fair Work Act. If you believe one of these standards is not being complied with you should raise this with your employer or seek legal advice.
Our Lawyer’s Results
Get the best possible outcome with our team.
Some recent outcomes are below.
$3.6 Million Claim Dismissed
Perth man was sued in Perth for refusing to pay $3.6 million after participating in a property auction. After trial in the Federal Circuit Court, the claim was dismissed.
Unfair Dismissal Payout Settled
Perth man made a claim against his former employer in the Fair Work Commission that he was unfairly dismissed. At the conciliation, we successfully negotiated a fair settlement for Perth man.
Domain Name Surrendered
A company registered a domain name which displayed a website which was confusingly similar to Perth man’s business and website. The company surrendered the domain name and changed its website after receiving letters we wrote on behalf of Perth man.
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