Employers in Sydney

Benefits of a Well Drafted Employment Contract

A well-drafted employment contract is imperative for any employer/employee relationship. Our employment lawyers in Sydney know that a “one size fits all” approach does not work. We will tailor an employment agreement to reflect:

• Your interests as an employer
• That your business is organised
• The expectations that the employer has of the employee
• The expectations that the employee will have of the employer

We will also include ‘business specific’ clauses to ensure that the right clauses are there to fit your individual business circumstances. By providing clarity of mutual expectations of the employer and employee, an employment agreement can prevent future disputes. Some issues dealt with in employment agreements are:

Employer confidential information

Business owners are aware of the monetary and time investment required to train new employees. In the process of training employees, the business owner will pass on confidential business information to the employee. Employment agreements should include clauses, which protect the employer from having a departing employee exploit this information and pass it onto competitors.

Employer reputation

Reputation is an essential part of every business. If your business has a positive reputation, then you are more likely to have more clients. Our employment lawyers in Sydney can integrate clauses into your employment agreement that ensure that your employees are obliged to maintain this reputation.

Restraint of trade

A restraint of trade is one of the most significant issues to consider in your employment agreement. A restraint of trade clause restrains former employees from soliciting your clients or business contacts or starting a business that is in direct competition with your own. This clause can cover a certain geographical region for a particular period of time.

A poorly drafted restraint of trade clause may be unenforceable as each jurisdiction has legislation addressing restraint of trade. If a restraint of trade clause is unenforceable, it will leave you open to having a key employee poached from a competing business. The results of losing a key employee can be devastating to your business.

Our employment lawyers in Sydney will draft a clear, concise and legally enforceable restraint of trade clause into your employment agreement.

There are several other matters that should be drafted into an employment agreement. Our employment lawyers will include clauses relating to:

• Specific provisions relating to remuneration
• Annual leave
• Sick leave
• Carer’s leave
• Grounds of termination
• Probation
• Professional standards for dressing and behaviour

By addressing all the above issues, you can be sure that you as the employer have sufficiently protected yourself and your business. In the future, you will be glad that you arranged to have the employment agreement professionally drafted.

If you do not have an employment agreement, there may be common law protections that will protect you. You may be able to introduce employment contracts for current employees.

What if an employee breaches their employment contract?

If an employee breaches their contract, then you should contact us as soon as possible. Although you may have a legally enforceable employment contract in place, your employee may still choose to breach it. Our employment lawyers in Sydney can provide you with legal advice on how to proceed with your matter. If you do have an employment agreement in place, we can advise you on how exactly to enforce your rights under the agreement.

We have assisted employers on many matters involving employee breaches and can assist you to come to a swift and effective solution.

Our employment lawyers in Sydney possess both the in-depth knowledge and years of experience necessary to handle disputes relating to:

• Unfair dismissal
• Breach of employment contract
• Underpayment
• Constructive dismissal

If you have been served with documents initiating legal proceedings, you need to contact us immediately. These types of matters are time sensitive and are best dealt with as soon as practicable.

Please do not hesitate to contact our lawyers in Sydney on 1300 795 893 to discuss your employment issue. You can also fill out the contact form on this page and we will contact you promptly.