Contractual Lawyer Brisbane for Employment Contracts

An employment contract is a legally binding agreement between you and your employer that sets out the terms and conditions of your employment, including your role, pay, hours, entitlements and any conditions such as confidentiality or restraint of trade clauses. An employment contract can be written or verbal, and its terms may sometimes be recorded across more than one document. Whether letters, workplace policies or other documents form part of the employment contract depends on their wording and the circumstances. If you are unsure what your employment contract says or means, a contract lawyer can review it and explain your rights and obligations in plain English.

An employment contract should include clear terms covering your salary and any bonuses or benefits, ordinary working hours, leave entitlements, role and responsibilities, and any other conditions relevant to your employment. It may also address confidentiality obligations, intellectual property terms and restraint of trade clauses that apply during or after your employment. Unclear or incomplete employment contract terms can contribute to later disputes, so it can be worthwhile having the contract reviewed before you sign.

A fixed-term employment contract is an employment contract that is intended to end after a set period, on a specified date or, in some circumstances, at the completion of a defined period of work. Federal workplace laws now place restrictions on the duration, renewal and use of many fixed-term employment contracts, although exceptions apply. Where employment genuinely ends at the expiry of a valid fixed-term employment contract, an employee will generally not receive the usual National Employment Standards notice of termination or redundancy pay solely because the agreed period has ended. If you have been offered, or are already working under, a fixed-term employment contract, a lawyer can confirm how the current fixed-term rules and your contract affect your entitlements.

Restraint of trade clauses can be enforceable in Queensland where the restriction is reasonable and genuinely protects a legitimate business interest, such as confidential information or client relationships. Restraint of trade clauses can include non-compete and non-solicitation clauses, and a restriction that is broader than necessary in its duration, geographic area or scope may be more likely to be found unenforceable. Whether particular restraint of trade clauses are enforceable in Queensland depends on their exact wording and the individual circumstances, so it is worth having the clause reviewed before you rely on it or challenge it.

If your employer breaches your employment contract, you may have legal options depending on the contractual term that has been breached and the circumstances of the matter. A breach of an employment contract may occur where an employer acts contrary to an enforceable contractual term, such as failing to pay an agreed contractual entitlement or making a change that the contract does not permit. Depending on the breach and the terms of your employment contract, you may be entitled to compensation, payment in lieu of notice or other remedies. A contract lawyer can review what happened against your actual employment contract terms and explain the options realistically available to you.

The amount of notice you are entitled to when your contract ends depends on your employment circumstances, length of continuous service and the terms that apply to your employment. For employees entitled to notice under the National Employment Standards, the minimum notice period generally ranges from one to four weeks depending on continuous service with the employer, with an additional week where the employee is over 45 and has completed at least two years of continuous service with the employer. Your employment contract, award or enterprise agreement may provide a longer notice period, and exceptions to the National Employment Standards notice requirements apply in some circumstances. If you are unsure what notice applies when your contract ends, or your employer has not provided the required notice, a contract lawyer can review your employment contract and confirm your entitlement.