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Employment Lawyers
Are you an employee or an independent contractor? We'll help you work through the issues inivolved in negotiating your next contract on the best possible terms - and avoid all the pitfalls.
We can advise you on
- Employment contracts
- Restraint of trade clauses
- Confidentiality clauses
- Intellectual property protection
- Breach of contract
- Termination of employment
- Redundancy
- Independent contractor agreements
- Publishing agreements
It is advisable that you consult a lawyer before signing any employment contract. You need to know at least the basics about the law regarding contracts of employment before you sign any contract.
For example even if you do not have a written document, the terms of an employment contract can be implied under the common law and from all the surrounding circumstances such as company policies or industry custom and practice. A formal contract will include all terms written into the contract. These may need to be comprehensive, and advice from Paul Horvath will ensure the things you value are protected by written legal agreement.
Paul also strongly suggests that you get advice before signing any settlement agreement upon termination, redundancy or departure from employment. You need to ensure that you are obtaining your maximum legal entitlements.
Breach of Contract v. “Unfair Dismissal”
A number of employees are terminated wrongfully by their employer. When we talk about “unfair dismissal”, even though this is what has actually happened to you, this expression is usually used for cases heard in the Industrial Relations Commission.
Unfair Dismissal
Unfair dismissal cases can only go before the Industrial Relations Commission if you are subject to a State or Federal Award, or your total salary package is less than $94,900.00.
Independent Contractors
Independent contractors have fewer protections under the law than employees and, therefore, it’s good business sense for contractors to ensure their contracts adequately protect their rights.
Paul Horvath can help you negotiate a contract which maximises your rights and secures your position. Paul can customise a contract for you or your business, or advise on an existing contract.
Restraint of Trade
It is common for senior employees’ contracts and independent contractor agreements to include restraint of trade clauses (also referred to as non-competition clauses). Such clauses are aimed at restricting the ability of the individual to work after the termination of the contract. A clause may attempt to prevent an employee or a contractor from working in the same field for a period of time after the contract ceases, or even from working within certain geographic limits.
Paul Horvath can advise on the enforceability of such clauses, taking into account what a court might consider reasonable to protect the employer’s legitimate interests. Seeking legal advice before signing a contract containing a restraint clause is recommended.
Duty of Trust and Confidence
A term implied into all employment contracts is the mutual duty of trust and confidence. The employer agrees that it will not, without reasonable and proper cause conduct itself in a manner likely to destroy or seriously damage the relationship of confidence and trust between the employer and employee. The employee owes the employer a duty of fidelity and good faith.
Claims have been brought at common law and in other courts and tribunals for some time now by dismissed employees claiming damages for a breach of the duty of trust and confidence. Paul explores this topic in some detail in the attached paper entitled: Who sounds like a broken record? Addis v Gramophone. This paper was published in the September 2004 Workplace Relations Section Newsletter of the Law Institute of Victoria.
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