Before signing an employment contract, many employees will consider having their contract reviewed by a lawyer to ensure it reflects the essence of any pre-contractual agreement with their future employer. For senior executives, it is vital to review and negotiate an employment contract as the contract is unlikely to be covered by an award or collective agreement.
Our employment law experience and expertise include preparing and reviewing employment agreements and providing advice on non-compete and non-solicitation clauses. LegalVision’s employment team can review employment contracts to ensure they comply with the Fair Work Act, National Employment Standards and any applicable awards or enterprise agreements.
An employment contract review not only reduces risk, but also provides certainty about the employment arrangement. Our team have extensive experience acting for both employers and employees in the employment space and offer practical and effective advice.
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5 Things You Need to Know About Employment Contract Reviews
1Many employees look to have their employment contract reviewed by a lawyer. Often this is before they take the job, and at other times when they’re leaving a job and want advice on the non-compete or non-solicitation clauses.
2If you want to have your employment contract reviewed before you start work, the main clauses your employment lawyer will look at are your obligations, restrictions which may apply to your outside activities, the non-compete clause, the termination provisions, insuring you are protected if required to fill board positions and the pay and bonus clauses.
3Employees looking to leave an organisation often seek review of the non-compete and non-solicitation clauses in their employment agreement. The law around non-compete clauses is complex. How a non-compete clause is interpreted, and whether it will be enforced, depends on the employee’s role and the facts of each case. For example, it may be reasonable to prevent the CEO of a company from directly competing with their previous employer due to the nature of the information the CEO had access to, while the same could not be said of a casually employed cleaner working for the same business. In general, a shorter and less restrictive non-compete period is more likely to be upheld by the courts.
4Employees may have their employment contract reviewed as part of the process of determining whether a termination or redundancy has been conducted fairly. This depends on the employee’s role and the circumstances.
5Employment law is also influenced by case law. A solicitor or barrister with experience in employment law should be up to date on the recent employment case law, to provide you with specialist employment law advice.