5th February, 2026
An employment contract sets the legal foundation of your working relationship. However, not all contracts are fair or balanced. Therefore, employees should carefully review contract terms before signing.
While many contracts meet legal requirements, some contain clauses that may disadvantage employees. Identifying these issues early can help prevent disputes later.
Unclear or Expanding Job Duties
Firstly, review how your role is described. Broad or vague duties may allow your responsibilities to expand without consultation. Consequently, you may be expected to perform tasks beyond your original position.
A clearly defined role helps limit unreasonable changes. If duties are unclear, clarification should be requested in writing.
Hours, Flexibility, and Classification Issues
Contracts should clearly state hours of work and employment status. Some agreements blur casual, part-time, and full-time arrangements. As a result, entitlements like leave and job security may be affected.
Additionally, flexibility clauses sometimes allow hours or location to change without consent, thus these clauses should be reviewed carefully.
Pay Terms That Lack Detail
Pay clauses should clearly outline wages, pay frequency, and superannuation. Missing detail can lead to underpayment or confusion. Moreover, any reference to “all-inclusive” pay should be approached cautiously.
Employees should ensure pay meets minimum legal standards. If the contract is silent on penalties or overtime, this may raise concerns.
Notice Periods and Termination Rights
Notice provisions should be balanced, for example, some contracts require lengthy notice from employees only. Meanwhile, employers may reserve the right to terminate with minimal notice.
Termination clauses should also be clear and specific. Ambiguous wording can create uncertainty if employment ends.
Post-Employment Restrictions
Some contracts include restraints after employment ends. These may restrict future work or business activities. For example, broad non-compete clauses may limit career opportunities.
Such clauses must be reasonable to be enforceable. Legal advice can help assess whether restrictions go too far.
Contract Changes Without Agreement
Another red flag involves unilateral variation clauses. These allow employers to change terms without employee consent. Consequently, conditions such as pay or duties could shift unexpectedly.
Employees should question any clause allowing changes without mutual agreement.
Getting Advice Before You Sign
Once signed, employment contracts usually become legally binding. While exceptions exist, prevention is always preferable. Seeking advice before signing helps employees understand risks and options.
How Our Firm Can Help
Employment contracts can contain hidden risks that affect long-term job security. Our firm assists employees with contract reviews, advice, and negotiations before signing. We support clients with all Employment Contracts needs across Byron Bay and surrounding suburbs, including Bangalow, Murwillumbah, Brunswick Heads, Ballina, Lismore, Mullumbimby and Lennox Head.
Early advice can help you make informed decisions and avoid future disputes.
If you found this blog helpful, please read our other blogs.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.