Contracts of Employment and Employment Entitlements
Employees have the right to be paid certain entitlements in return for their labour. In return, an employee owes their employer certain duties and obligations. Some of these entitlements and obligation arise from statutes (such as the Fair Work Act 2009 (Cth) or the Long Service Leave Act 1955 (NSW)), some may come from Modern Awards, some arise from employment contracts and some from the common law. In many cases, the employee’s entitlements and obligations are derived from a combination of all of these.
Your entitlements may be different depending on whether you are working on a part time or full time basis, on a fixed term contract, as a casual or as an independent contractor.
Working out what your rights and obligations are can be difficult when you are presented with complicated and complex contracts of employment by your employer. Contracts can contain “hidden traps” which can impact your rights.
Sometimes employers do not meet their obligations and can leave their employees short-changed by failing to pay wages, salary, leave entitlements, bonuses or commissions.
We can assist you in determining your rights and obligations, and assisting you in recovery of unpaid entitlements.