Employment Law -
Employees-
Employment Contracts

The moment you unconditionally accept an offer of a job, a contract of employment comes into existence. Irrespective of the application of any relevant Industrial Instrument (such as an Award) every employment relationship is based on a common law contract of employment between the employer and each individual employee.

It is a common misconception that ‘contracts’ must be in writing. The terms of the contract can be oral, written, implied or a mixture of all three. But where a contract is not written the difficulty is in proving what you say was said or whether an implied term applies.

Many employers will provide you with some form of written employment agreement prior to you starting work with them. You need to make sure that you read the agreement carefully and that you understand all of your obligations under the contract.

Generally, you do not have to get legal advice before signing an employment contract, however that doesn’t mean it’s not a good idea to. The consequences of not properly understanding your obligations can be serious and far reaching and result in significant personal and financial stress. It is often not until you are at the end of the employment relationship that people look at their contracts for any ‘issues’ by which time its often too late to change anything that you are unhappy with.

We prepare and advise on employment contracts everyday so we can rapidly identify potential pitfalls, and areas where you can take advantage and protect yourself.