VICDOC Autumn 2023 - Magazine - Page 75
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CONTRACT
ISSUES
—
Doctors engaged in private
practices are not covered
by Awards. Whether
they are employees or
independent contractors,
the precise legal obligations
of the parties will be
largely determined by
their contract. If a dispute
arises, the answer will in
most cases be found in
the contract. Not having
a written contract does
not mean that there is no
contract. If the contact is
not in writing it will be oral,
or implied. Disputes can
become protracted, and
very costly, if contracts
are not in writing, or if
the terms of the written
contract are not clear
or are badly drafted.
OVER-RELIANCE ON
PROFORMA CONTRACTS,
POLICIES AND LETTERS
—
Documentation of
employment relationships
and policies can be crucial
in any business. If not done
properly, employment
disputes, occupational
health and safety issues
and workers compensation
issues can arise. Proforma
template contracts,
policies or letters are
rarely adequate, especially
if they are not properly
adapted to the specific
needs of your business.
You might not notice
the importance of these
documents when
a problem has not yet
arisen, however the only
time you really need them
is when there is a problem.
Taking a template document
and amending yourself can
also have unintended legal
consequences, ranging
from the amendments
being legally ineffective, to
changing the fundamental
nature of a relationship.
Australian employment
laws are amongst the most
complex in the world, so
DIY lawyering with
documents off the internet
is never recommended.
Level 9 | 360 Elizabeth Street
Melbourne Victoria 3000
Australia
T: +61 3 9498 6699
—
VI CD O C AUTU M N 202 3
75