December 2018

Are the Employment Contracts used by your business up to date?

Employees are arguably the most important asset of your business. They are also potentially one of the most risky.

Employees have contact with customers, form relationships with them, suppliers and referrers, have access to all of your other business assets such as databases, intellectual property and trade secrets.

When an employee leaves your organisation, there is potential for them to take more then their personal belongings with them when they go.

Employees are arguably the most important asset of your business. They are also potentially one of the most risky

For these reasons having a robust, yet commercial and flexible, employment agreement is essential.

What should your employment contract include?

At the very least, a contract of employment should include:

• Position, duties and responsibilities (including whether full time, part time or casual)
• Hours
• Probation (for new employees or roles)
• Remuneration and other benefits (including superannuation)
• Leave entitlements (as well as obligations such as notice, reporting etc)
• Confidentiality
• Intellectual property ownership
• Consenting to reasonable surveillance in the workplace
• Obligation to comply with Workplace Policies including those relating to anti-discrimination and bullying, email and internet use and the like
• Termination (including notice provisions that comply with the National Employment Standards)
• Obligations on termination (such as returning property) and those that continue after termination (including appropriate and enforceable Restraints of Trade)
• A copy of the Fair Work Information Statement

FURTHER INFORMATION

Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to any employment related issue or any business/commercial law matter, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au

This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.

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