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We can help set you up with employment contracts that protect you as an employer – contact specialist Employment lawyer, Carolyn Ranson today to set up an appointment.
13 March, 2013 | Carolyn Ranson
That is certainly one incentive to have a written agreement in place, but even without that potential slap on the hand, it is simply good business practice to have a robust employment agreement that has provisions designed to protect the employer.
Employment agreements date back to ancient Rome, and the consistency and discipline these contracts provided contributed to Rome’s success. In those days, the employers had all the power and they ensured that this was reflected in their agreements.
Fortunately (or unfortunately, depending on who you are) those days are long gone and employers need to ensure that the protections available to them are included in the employment agreement.
It is tempting, especially for small business owners, to download an agreement off the internet and use that to cobble something together themselves. The problem with this is that the types of agreements available online are typically drafted from an employee’s point of view and do not have the provisions, that an employer is entitled to put in, to protect the business and to avoid a personal grievance.
The two words that no employer wants to see at the top of a letter received is personal grievance but these claims are becoming more common. Awards by the Employment Relations Authority for hurt and humiliation alone can be up to $15,000. Add on an average of 13 weeks lost wages, legal fees and $20,000 penalties and the cost to the business can be severe.
However, a personal grievance claim can be avoided just by making things clear in the employment agreement. So, why not take a leaf out of the Romans’ book and use the employment agreement as a mechanism to protect your business.
This is where an experienced employment lawyer can assist. We can look at the worst case potential situation and protect our clients from those issues with careful drafting, as much as it is possible to do so. Specific clauses can be included that relate to the particular business, its mode of operation and the type of employees it typically employs. The types of clauses that can be utilised are:
An employment lawyer can also advise you on the inclusion of specific clauses to protect your business assets. The types of clauses that achieve this are:
The key factor to keep in mind is that if it is not in the agreement then it can’t be relied on for your benefit.
(Please note we do not offer no win – no fee payment arrangements)
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