Air-tight agreements that meet your objectives and obligations
Breach Of Employment Contract & Employment Contract Drafting
No matter the business, an employment contract is an essential part of the employment process.
Workplace Wizards can help you navigate employment contracts past, current, and future, and ensure you’re prepared in the event an employment contract is breached. We ensure your business is meeting its legislative obligations, protecting the rights of you and your employees.
We assist you in the creation of contracts and throughout instances of employment contract breach, guide your matter to the best possible result.
With more than 100 years of experience in workplace relations and contract law across our team, Workplace Wizards can help you handle contract breaches professionally and gracefully. with fixed fees and no need for a lawyer, you can be sure you’re getting value for money.
What Is An Employment Contract?
An employment contract is an agreement between an employer and an employee that sets out the rights and obligations of each party.
They’re designed to outline roles and responsibilities, manage expectations and let employees know what’s required of them at work.
In many cases, employers will sign a separate contract for each employee, which is then attached to their employment records.
It’s important to note that an employment contract will exist immediately as soon as an employer and an employee agree to enter an employment relationship. This can be verbal or written, but it will exist in some form.
Our Methodology
Regardless of whether your original employment contract was verbal or a written contract, our team can work with you to ensure things are resolved. Our team will provide you with the ease and comfort of knowing what to do next, be it administering a breach of contract letter or responding to one.
There are many elements to consider when dealing with breach of employment contract, including entitlements under applicable modern awards or enterprise bargaining agreements and statutory requirements. It’s vital that you consider all variables and possibilities at the point of contract.
HOw we help
Workplace Wizards can advise you in instances of employment contract breach. If breach of an employment contract occurs, our team can act as your guide throughout the entire process, making sure you understand what to do next and how to best protect yourself professionally. We provide expert help and advice, delivering training and support as you need it to resolve breaches of employment contracts quickly and effectively.
We also offer a range of contract creation and review services. Workplace Wizards can review and update your existing employment contracts, as well as draft new ones to ensure that you have the most up-to-date, succinct, and effective agreements with the greatest legal defensibility.
Contact us
Get in contact with a workplace lawyer or advisor to access initial advice about your workplace requirements.
Frequently Asked Questions
No, not in the technical sense. While all our advisors are legally qualified and practising employment contract lawyers, with experience in both Australian and UK employment contract law, we are not a law firm. However, it does mean we are able to provide a range of employment law services if required, including litigation, mediation for workplace conflict, legal claims, unfair dismissal claims, and more. While we do have an employment law team, Workplace Wizards is not a law firm and does not provide legal advice. If you want to seek legal advice, we can refer you to one of our partners.
If you can’t resolve the issue through discussion, you have a few options. The first is to seek a mediator such as Workplace Wizards to guide you through the process and provide advice on what to do. The second is to seek legal action. What you should do next is dependent on the situation. Our team can provide you with the information and support you need to make that decision.
There are several terms that may be breached in an employment contract. The most common ones include:
- breach of confidentiality;
- breach of trade clause or trade clauses;
- breach of notice period;
- wrongful dismissal or termination without reasonable notice;
- wrongful termination of a fixed-term employment contract.
I don't have a written contract available. Can there still be a breach of contract?
If no written contract exists, you may need to rely entirely on verbal agreements. In that case, breach of employment contract can be very hard to prove.
Employee handbooks and established practices of the organization may provide evidence of breach of contract. If either have been violated, a breach has occurred. Employers must respect employee rights as laid out in a collective agreement or a standard form agreement used by the company. Communications such as emails and messages may also be valuable for proving verbal contracts. Many protections for employees are also outlined under the Fair Work Act 2009.
If you are facing this situation, contact our team today for more information and advice.
Firm Checker Brands We've Worked With
