employment contract

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Is demanding a medical certificate in an employment contract legal?

Is demanding a medical certificate in an employment contract legal? Stephen Campbell is a wharfie crane driver. He took amphetamines and opiates. He came to work. His crane smashed into a ship. He forgot to report the damage. Strangely, the Fair Work Commission in Melbourne said Stephen couldn’t be fired. […]

Commission contractor vs employee

Commission contractor vs employee – ATO  makes the correct decision The ATO accepts that a commission only salesperson is NOT an employee. Instead, they are independent contractors. But you need evidence of this. In the Commission contractor vs employee debate, it comes down to what is in your Independent Contractors Agreement. […]

Why doesn’t your Employment Contract allow for specific Awards?

QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should not your contract compliment them? Where do specific employment […]

Disaster with no employment termination clause

Employment contract QUESTION: Brett, you strongly recommend termination clauses. We approached the website that normally prepares our Employment Contracts. They don’t use termination notices. I asked them why. They said they were not lawyers and couldn’t give legal advice. This does not inspire me with confidence as I build legal documents on their website. […]