Employees

Employment Contracts

Entering into an employment contract with your employer defines what your responsibilities are and sets out terms of your employment

An employment contract will usually include such matters as:

  • Remuneration
  • Hours of work
  • Leave entitlement
  • Restraint of trade (if applicable)
  • Confidential Information
  • Sick leave
  • Carer’s leave
  • Probation
  • Termination
  • Personal behaviour (including social media)

We can provide you concise advice about a proposed or current employment contract and your rights in relation to it.

Restraint Of Trade Clauses And Confidential Information

What Can I Do When I Leave?

We are often asked to advise about the effect of restraint of trade clauses and confidential information clauses. Restraint of trade clauses will sometimes have an effect of a person carrying on business with a competitor. Similarly, confidential information cannot be ported out of a business. The question becomes “what constitutes confidential information?” Each case is different and small nuances can affect the outcome. Careful consideration of the clauses as drafted in relation to current case law is critical in making an informed calculation as to the enforceability of such clauses. When they are enforceable they can give rise to damages claims against an employee.

Employers have legal obligations to treat employees fairly and respectfully. When boundaries are crossed, this may give rise to right for compensation and, where appropriate in the case of a dismissal, reinstatement.

Claims By Employers

We can assist in disputes and litigation involving such matters as:

  • breach of confidentiality
  • restraint of trade
  • other alleged breaches of an employment contract.

If it has been alleged that you have been involved in the above, a prompt, precise response will be beneficial, particularly if the claim is without merit. Even if you do think that you may be in breach in one or more of the above ways, competent legal representation can assist in containing the issues and any damage. We will fight hard to protect your rights.

Mistreatment By Your Employer – Bringing A Claim

We can also assist you in pursing your claim against an employer for such things as:

  • unfair dismissal
  • breach of employment contract
  • underpayment
  • constructive dismissal
  • harrasment

Many employment issues have strict time frames during which you must bring a claim. Prompt action is therefore usually critical.

We Are Here To Help

Call us today on 1300 907 335 to confidentially discuss your situation or by simply complete the form on this page and we will get back to you promptly.

Our Locations across Melbourne

CBD OFFICE

Level 8, 446 Collins Street,
Melbourne, VIC 3000

Chadstone

Level 8,
1341 Dandenong Rd,
Chadstone Vic 3148

Frankston

Ground Flr,
435 Nepean Hwy,
Frankston Vic 3199

Moorabbin

Level 1,
441 South Road,
Moorabbin Vic 3189

Preston

Ground Flr,
84 Hotham St,
Preston Vic 3072

Dandenong

Level 2,
311 Lonsdale St,
Dandenong Vic 3175

Sunshine

Level 5,
12 Clarke Street,
Sunshine Vic 3020