Review my contract of employment
Words straight from an employer representative’s mouth “it’s easier to terminate a senior executive, after all, that’s what you get paid the big bucks for”. We have certainly heard that before from our clients and the hard fact is it is true.
If you are a fan of the Barefoot Investor you will know he believes your most important asset is not your house, or your car, or any material thing. It’s your job. He advises you to protect it with income protection insurance but that has its limitations. It doesn’t apply in all circumstances, what about if you are unfairly dismissed?
Did you know that if you earn over the high income threshold (at the time of writing $148,700 excluding superannuation) and you aren’t award/agreement covered (Does a Modern award or Enterprise agreement apply? ) you have no recourse to the unfair dismissal jurisdiction. There is no automatic right to procedural fairness. You can be dismissed in accordance with your contract on notice or summarily (without notice).
That’s why getting your contract reviewed before you sign is so important!
It is hard to think about termination when you are negotiating an offer but it’s critical to protecting you and your family. Here are some of the things we check when doing a contract review:
- Is the probation period reasonable and what is the notice period?
- Does the contract comply with the Fair Work Act 2009 (Cth) and protect your minimum statutory obligations?
- Is the notice period reasonable? Is it long enough to compensate you while you find other suitable employment?
- Do you get more than the statutory redundancy pay if you are made redundant?
- Is there any protection from unfair dismissal, e.g. an agreed disciplinary process and dispute resolution process?
- In what circumstances can the employer summarily dismiss?
- Are the post-employment obligations fair and reasonable? There are lots of different ways these appear – confidential information, intellectual property, non-compete, non-solicitation, non-disparagement and ongoing assistance in investigations/litigation.
- Does the remuneration reflect what was agreed, e.g. is the incentive/bonus clear and payable on termination?
- Are all of the promises and representations that were made to you during the recruitment process reflected in the contract?
- Are the implied duties to good faith, fidelity and cooperation protected?
Our lawyers regularly review contracts
If you get these terms right from the outset you are best protected from unfair dismissal. Good news is we can help. We regularly review contracts for all employees, we mark up the recommended changes for you and can provide video/written advice explaining the terms.
You can call us on 1800 RES 123
You can book a free scope and quote call here
You can book a paid consult with us here