Posts: employment agreement

When hiring new employees, there are often a number of pre-employment processes and requirements to be completed before an employee actually commences work. A question that often arises is – what happens if those pre-employment checks are not completed satisfactorily or at all?

In its simplest form, an employment contract is a legally enforceable document between two parties where there is an offer and acceptance to be bound by its terms and conditions. Where an employment contract has been signed, it cannot be unilaterally changed by one of the parties – there must be agreement by both parties.

A decision of the Federal Court of Australia early last year has provided support to employers who find themselves in the unfortunate position of suffering loss and damage as a result of an employee’s breach of their post-employment restraints.