How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44351
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I have been offered employment in Australia. I am a British

Customer Question

I have been offered employment in Australia. I am a British Citizen/UK resident and the company has offered to pay for my VISA application fees and sponsor me. There have sent me a draft employment contract which states:"The Company and the Employee agree that neither of them may issue a Notice of Termination within the first 60 months from the commencement date"Is this clause legal in Australian employment law?
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning

I have never seen it worded like this. Usually the Termination clauses say either party have a right to terminate the contract at any time giving X days notice.

There is nothing in the law that prevents an employer form terminating an employee. But I cannot understand why the 5 years would be relevant.

You have a right to negotiate any changes you want.

It is not illegal but it is a strange clause.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.