Workplace Law Assessment: Analyzing Employment Contract Details

This report provides a comprehensive analysis of an employment contract, focusing on its significance in establishing a clear relationship between employers and employees. The contract outlines essential terms and conditions, including pre-employment aspects like salary and work timings, and post-employment terms such as notice periods and asset return. The report emphasizes the importance of fairness and compliance with employment laws, including aspects of non-disclosure, arbitration, and adherence to workplace policies. It delves into clauses concerning employee duties, termination, and workplace regulations, along with additional benefits like bonuses and paid leaves. The report also highlights the significance of addressing misconduct, fulfilling contract essentials, and the inclusion of appraisal bonuses, all contributing to a balanced and legally sound employment agreement. The analysis underscores the importance of the Fair Work Act 2009 and the Workplace Relations Act 1996 in shaping the legal framework of the contract, ensuring enforceability and reflecting the applicable jurisdiction.

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Employment contract

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Employment contract review
An employment contract is of utmost importance in terms of fostering an amicable
relationship between the employer and the employee at the workplace. Such a contract
implies the terms and conditions that are to be adhered to by both the employer and the
employee during the course of the employment of the employee concerned. The employee
would be aided in the knowing of the duties that are to be undertaken and the norms that are
to be followed during the term of employment. The joining date of the employee must be
mentioned in the employment contract in an exclusive manner. The exit formalities such as
the serving of the notice period for the specified timeframe along with the handing over the
assets of the company to the employer are also to be mentioned in the contract as far as the
post-employment terms are concerned. The issuing of the reliving letter to the employee by
the employer along with the statement relating to the settlement of dues is also inclusive of
the post-employment terms1. The execution of the contract by the employer and employee
imply the pre-employment terms of the contract. The pre-employment terms of the contract
are also inclusive of the salary of the employee and the timings the employee has to be
present in the workplace. The aspects related to working from home and nightshifts are also
inclusive of the pre-employment terms of the contract.
The duties of the employer and the employee are mentioned in an expressed manner. The
termination clause implies the termination of the contract by either the employer or the
employee anytime after it has been executed. The norms and standards in terms of workplace
policies to be followed during the course of the employment are also enshrined and envisaged
in the employment contract. Such norms and standards include the adherence to the health
and safety regulations at the workplace and the compliance with the applicable laws of health
and safety laws as per the jurisdiction as far as the Australian state is concerned since they
employment contract also states that the employee be asked to transfer to any location of the
organisation wherever it is prevalent in Australia. The employment contract is a non-
disclosure agreement since it exclusively mentions that the details of the tangible and
intangible property of the company are not to be disclosed at the external level thereby
implying the aspect of confidentiality accordingly. However, the key thing in terms of the
employment contract should be the aspect of fairness thereby implying that the unfair
contract terms are to be analysed and addressed at the earliest. The employment contract also
complies with the applicable employment laws as imperative form the terms and conditions
of the contract2. The terms and conditions of the employment contract also imply that it is
enforceable by the applicable laws taking into consideration the aspect of jurisdiction. The
employment contract also contains an arbitration clause with regard to the resolution of
disputes within the jurisdiction where the contract is formed. As a result, the contract can be
1 Workplace Relations Act 1996 (Cth)
2 Fair Work Act 2009 (Cth)

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enforced by a competent court of jurisdiction established by law. The arbitration clause has
been taken into consideration in order to avoid litigation in courts which involve time and
expenses. The adherence to the laws governing employment at the respective workplace as
per the jurisdiction is also implied form the contract. Apart from salaries, the aspect of
bonuses for working overtime beyond the stipulated working hours and for working on paid
holidays as declared by the concerned government is also inclusive of the terms and
conditions of an employment contract. Additionally, the policies related to prevention of
discrimination in employment also forms part of employment contract to a huge extent. It
would help in the maintenance of equality and fairness with reference to the treatment by the
employer. The aspect of misconduct by employee must also be exclusively mentioned in an
employment contract. All essentials of contract are to be fulfilled as implied by the common
law governing contracts. The execution of awards as per the legislation in force is also an
important term in an employment contract. The number of paid leaves an employee can take
is also to be included in an employment contract. The aspect of appraisal bonus is also an
essential term in an employment contract.

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Bibliography
Fair Work Act 2009 (Cth)
Workplace Relations Act 1996 (Cth)