With regard to the recruitment of new workers or promotion of existing workers, it is important for employers to prepare and review employment contracts to ensure that they adequately reflect the conditions for employing workers.
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Standard clauses such as B. Clauses regarding closure notices can easily be omitted. This can be a serious mistake as the court will propose these terms if there is no contract or specific clause in the contract. An example of "fair termination" is a contract that does not contain a termination clause – which may exceed the minimum notice period set out in the Fair Work Act 2009.
In April 2018, the company ended employees' work with pay instead of a 3 week notification period. Soon after, the company appointed a new chief financial officer.
It seems that the main reason the employee was fired was poor functionality. However, there was no direct evidence of implementation difficulties before or after employee layoffs.
The worker claims that the change in character and responsibilities in November 2014 was so important that the original work contract was terminated and the profession was regulated by a new contract. Although the new contract has not yet been signed, the company has shown its purpose in being under contract.
The court did not believe that the failure to sign the contract signaled its intention to remain under contract. In exchange, the company notifies the employee that they have a new contract and then sends them the proposed contract.