White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: firstname.lastname@example.org Internet: http://www.computerlaw.com.au
Even though there may be nothing in writing, there is an employment contract that exists between every employer and employee. Every employee has a fiduciary duty to their employer.
The contract used by an independent contractor is not an employment contract and has greater possibility for variation of standard conditions. It may be a possible alternative for your business.
An employment contract must not seek to avoid legislated minimum conditions in areas such as:
These contracts must contain a dispute settlement procedure and a stand-down clause.
Employers should keep an up to date copy of the relevant award and make it available to their employees.
Legislation and awards automatically provide some employment contract clauses and the minimum employment conditions.
Preparation before a staff member is hired can prevent a lot of problems when the staff member resigns or is terminated.
Have you considered issues such as:
To avoid allegations of unfair dismissal, it is important to have a documented history of unsatisfactory performance and warnings that were given to the employee. It is prudent to give the employee written warnings and obtain written acknowledgment that the warnings were received.
There are some basic principles that should be considered before dismissing an employee: