EMPLOYMENT- What You Need To Know
The Employment Contract
When an employee is experiencing a problem in their employment, they take a good look at their employment contract for the first time. What allows my employer to terminate an employee? How much notice am I entitled to? What obligations do I have? Do I need to comply with what I am being asked by my employer? These are just some of the questions you may ask.
The better approach is to review your employment contract before signing. That is the time to decide whether you accept the terms that are proposed and is the best time to consider whether you would like to request additional terms. Seeking legal advice prior to signing any contract is imperative. We can explain the implications of your employment contract and provide you with the information to make an informed decision whether the contract is a fair and reasonable contract to enter into.
Does your employment contract meet the minimum legal requirements? How does it restrict you if you want to leave your employment in the future? You should ensure you understand these and more before you sign.
During Employment
While we all hope our employment goes smoothly, this is often not the case. Employees may experience unreasonable demands, complaints, verbal or written warnings, discrimination, bullying and other issues. Sometimes these arise from the employer but other times from co-workers.
The employer has certain obligations to employees which range from a safe work environment, protection for unsafe work practices and occupational hazards, and to be able to work free from discrimination and harassment. Pay and legitimate holidays and working hours are also obligations.
Employees have obligations to their employer also. The employment contract requires employees to use their best endeavors for the employers’ business and not to do anything which would harm or injure it. A wide range of actions could breach this obligation including acting towards co-workers in an offensive manner, actions of discrimination or harassment, failure to perform tasks appropriately, or failing to follow the employer’s instructions. More recently employees have found themselves in breach by social media posts such as on Facebook or twitter.
If you find yourself dealing with the breach of an employer or an employee, our Employment Lawyers can assist you. We advise on your rights, represent employers and employees in breach of contract, unfair dismissal, general protections and adverse action and other matters. We provide advice in difficult work situations which can be the best way to avoid future complications and legal actions.
You can call one of our Lawyers Today on (03) 900 22 800 to discuss how our legal team can help you.
