An employment contract for a period of more than three months must be in writing. The contract must be issued by the employer to the employee within two months of the start of employment. The employment contract must have, at the very minimum, terms provided for under the Employment Act. These terms include:

• Name and details of the employee and the name of the employer
• Employee’s job description
• Date that the employment begins
• Form and duration of the contract
• Remuneration, scale or rate of remuneration, the method of calculating that remuneration and details of any other benefits
• Intervals at which remuneration is paid
• Hours and place of work
• Terms relating to annual leave, sick leave and any other statutory leave
• Length of notice for termination of employment

Section 10 of the Employment Act states that where the terms of an employment contract change, the employer shall, in consultation with the employee, revise the contract to reflect the change and notify the employee of the change in writing. The employer must seek the views of the employee regarding the change in the employment terms, make a formal amendment of the contract to reflect the change and the employee must be notified of the change in writing. The change requires mutual consent to be effective. If an employer effects a change in an employee’s contract without meeting these requirements, this can be construed as a breach of contract or constructive dismissal. We assist both parties in reviewing the fine print to ensure modifications are fair, compliant, and legally binding.

Termination with notice occurs when either the employer or the employee terminates the employment contract by serving the contractually or statutorily required notice period (or by paying salary in lieu of notice). When initiated by an employer, the termination must be supported by a valid reason, such as performance, conduct, or operational requirements, and preceded by mandatory procedural fairness as set out under the Employment Act.

Summary Dismissal takes place when the employer terminates the employment of an employee without notice or with less notice than what the employee is entitled to by any statutory or contractual provision. An employer may summarily dismiss an employee when the employee’s behaviour fundamentally breaches the terms of the employment contract. The grounds for summary dismissal are set out under section 44 of the Employment Act and can also be set out in the employment contract. Even in cases of summary dismissal, an employer must follow the correct procedure in terminating the employment of an employee as set out under the Employment Act.

When terminating an employee’s employment on grounds of summary dismissal, an employer must comply with the two-pronged test set out under section 41 of the Employment Act, that is, substantive justification and procedural fairness. The employer must give justifiable reasons for terminating the contract and should also be able to prove the same if challenged. In addition, the employer must follow fair procedure in the termination process. We guide organizations through this process, offering strategic risk management advice to protect the business from future liabilities.

Redundancy is a highly scrutinized form of termination that requires strict compliance with labour laws. Employers must demonstrate justifiable reasons for declaring employees redundant which can be proved if challenged eg because of operational requirements. The employer must follow the mandatory procedure set out under section 40 of the Employment Act that includes issuing of statutory notices to employees, objective selection criteria, and mandatory notifications to the local labour officer. Failing to follow the process set out under the Act may result in an unfair termination claim.

An employee operates under a “contract of service” where the employer directs their day-to-day activities, provides tools, and integrates them into the core team. An employer-employee relationship is governed by the Employment Act and other relevant labour laws.

An independent contractor is a self-employed professional providing services on a freelance basis under a “contract for service”, and does not receive employment benefits. Failing to recognize the difference between an independent contractor and an employee can lead to legal liabilities for a business, which is why a tailor-made agreement reflecting their true independence is vital.

Misclassification occurs when a business labels a worker as an independent contractor but treats them like a full-time employee by controlling their hours, methodology, and integration. If courts rule that an employment relationship actually existed, the business faces severe risks. These include being ordered to pay backdated statutory contributions, back taxes, and potential unfair termination damages if the contract is ended.

An employment contract dictates far more than just your monthly salary; it governs your long-term career mobility and introduces binding legal obligations. Having a lawyer review your employment contract ensures that the document honours your employer’s statutory obligations to you and that you understand any hidden post-employment restrictions. It gives you the necessary clarity to safeguard your professional value.

Yes. Many professionals mistakenly assume that employment terms are rigid and non-negotiable. However, because an employer has already selected you as their preferred candidate, you possess natural leverage to protect your career interests. We assist employees to strategically negotiate restrictive terms, post-employment covenants, and compensation packages with confidence.

Post-employment obligations are binding clauses that restrict what you can do after you are no longer employed by your employer. These include confidentiality terms and non-compete clauses. If drafted too broadly, a non-compete clause can severely restrict your ability to take a new job in your field or launch your own venture. We review these clauses closely to ensure they are reasonable, limited in scope, and do not unfairly lock you out of future career growth.

Getting started is simple and straightforward. You can reach out to us directly through email, phone or through our Contact Form to book an initial consultation. During this session, we will discuss your employment matter and tell you how much it will cost. We will then sign a legal services agreement with you setting out our legal services, legal fees and costs. We typically require payment of a deposit of legal fees and costs before proceeding with the matter.