Employment Contracts are one of the most common types of contracts that people enter into. This is because in a person’s working life, they are now likely to go through many different positions and experience many different workplaces which have different legal requirements for their workforce. For Employers, in order to protect your position as an employer and ensure that you remain in compliance with all of the relevant regulations in relation to employment in Australia, you certainly need to ensure that you have an appropriate contract which covers all of the necessary legal issues and creates a valid and binding legal relationship of employment between you and you employee so that you may not be later accused by a government agency such as the Australian Taxation Office, Work Cover or Fair Work Australia of breaching any of the essential employment conditions which may exist in law under a particular industrial award or the superannuation guarantee legislation or the the Worker’s Compensation Insurance Requirements or, in New South Wales, for example, the payroll tax requirements for a large organisation.
We provide advice to both employers who believe that an employee may be planning legal action against them and to employees who believe that their rights may have been violated in relation to a period of employment that they may have undertaken. There are extensive rights for employees under the law in Australia to be free from discrimination in hiring, the workplace and dismissal. There are the concepts of unlawful dismissal and unfair dismissal which both apply to various aspects of the employment process and various types of the employment behaviours common in workplaces. Many people are also unaware that employers can be fined by the ATO for not paying the superannuation of their employees because of the superannuation guarantee charge which is a specific fine for superannuation non-payment imposed by the ATO. If you have any questions about employment law, please do not hesitate to contact us about any of the matters referred to above using any of the contact methods available on this site.