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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44351
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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

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Regards
Leon