By: Ines Balint

Ines Balint — Tue, 06 Dec 2022 22:38:10 +0000

A termination clause is a must to eliminate the risk of a reasonable notice claim, the Courts usually wont include the statutory minimum notice period if its not expressly in the contract.
Modern awards don’t have to be included in an employment contract to still apply, however its helpful for the employee to know what their employer has classified them as and under what modern award.

By: Yvonne Walker

Yvonne Walker — Tue, 06 Dec 2022 21:27:43 +0000

Good concise summary. I would argue that probationary periods are essentially meaningless however, unless you want to have a shorter notice period during the probation than otherwise provided contractually (where that is greater than provided in the Fair Work Act). The minimum employment period is what’s important for unfair dismissal purposes, and, as you note, they can still make a claim for unlawful termination under the adverse action provisions regardless.

Comments on: Six key clauses to include in your employment contract

By: Ines Balint

By: Yvonne Walker