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Home | Employment & Industrial Relations | Employment Contract Law

Legal issues often arise as individuals look for new employment and job opportunities. Many legal problems that arise in the workplace could have been avoided if the parties had negotiated the terms and conditions of employment prior to commencement.

Our employment law team can assist clients with:

  • Advising as to the meaning of contractual terms;
  • Advising as to the potential risks and dangers in proposed contracts;
  • Advising on negotiations for contracts, including drafting contractual terms.

Depending on the nature of the promise, and the extent to which they were relied upon, these promises can give rise to legal rights. Turner Freeman has expertise in acting for people who have joined a new employer on the basis of promises made, but not kept.

Get in touch with us

Turner Freeman Lawyers are experts in providing clear and cost effective advice in all areas of employment contract law. Our WA office is located in Perth CBD.

Please call us on 13 43 63.

Employment Lawyer in WA

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Contractual negotiation and advice

Because independent contractors do not have many of the protections available to employees, the terms of their employment contracts are paramount. Turner Freeman can assist.

Unlike employees, independent contractors don’t have the protections of awards, enterprise agreements or the Fair Work Act. With some protections the law regards sub-contractors as being able to negotiate on an equal basis with principal contractors, even though the difference in bargaining power is often unequal in the same as it is for individual employees.

For most independent contractors the terms of their arrangement are at least partially in the form of written employment contracts. It is important that a contract of employment fairly represents the agreement reached, and protects the party’s positions.

A lawyer retained by principal contractors will often prepare the contract of employment. Small and independent subcontractors should obtain their own, independent legal advice on issues such as:

  • the meaning and effect of work contract terms and obligations.
  • potential risks and dangers in proposed contracts.
  • protections in the work contract in relation against unilateral termination imposed capital expenditure and other similar terms.
  • terms that not included in the contract that should be included.

Turner Freeman Lawyers has expertise in employment contract law, and provide straightforward, pragmatic advice in a cost effective manner.

Breach of promise

During job interviews and the period of negotiation prior to a new employment contract being agreed, employers often make promises and commitments in the hope of securing an employee.

These promises are not always reflected as terms of the contract of employment.  The promises can cover areas such as:

  • likely business activity and the strength of the business (or business unit);
  • likely commissions and bonus recoverable;
  • working hours;
  • promotional opportunities.

Depending on the nature of the promise, and the extent to which they were relied upon, these promises can give rise to legal rights.

Turner Freeman has expertise in acting for people who have joined a new employer on the basis of promises made, but not kept.

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