A recent workplace law case highlights the problems an employer can face for representations made to an employee in employment contract negotiations before they start work.
H v Linfox Australia Pty Ltd  FCAFC 42 (22 March 2012)
A business manager’s workplace law appeal was dismissed after the Full Federal Court found that his written employment contract had not been altered by representations made by his employer, Linfox, during employment contract negotiations.
The business manager, Mr Haros, claimed that Linfox made misleading representations about the terms and conditions of his employment regarding job security, the longevity of his position and the exclusivity of his position above other managers. Mr Haros also contended that Linfox induced him to leave secure, long-term employment to accept the position of business manager.
Whilst the Full Federal Court held it was clear from correspondence during negotiations and the final employment contract that Mr Haros’ claims were unsubstantiated, the risk of liability for wrongful or misleading representations pre- employment contract remains an ever present danger. Thus, employers need to be very careful to:
- NOT make misleading representations during the negotiation phase of employment contracts
- ENSURE the employment contract properly reflects all agreed terms
- ENSURE the employment contract properly overrides any prior discussions or negotiations
- ENSURE if an employee is head-hunted that care is taken about what they can expect in their new job (such as expectations of longevity or bonuses)
- GET advice from an workplace lawyer Sydney regarding your workplace law rights and obligations
If you are unsure about your workplace law employer obligation it is best to consult a workplace relations expert or employment lawyer first.
Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions team on 9635-7966 to speak with one of our employment lawyers about your employment law issues.