Template Letter Of Appointment (Page 3 of 4) in pdf

Appendix B

Position Description

Notes:

(1)

State the position to which the appointment is being made - confusion over what

the position is creates the potential for disputation later in the working

relationship. If the employee is likely to be required to change location within the

organisation include a reference to that possibility, but add that the employee will

be consulted before being required to relocate. Avoid creating the situation where

the employee can claim that the contract is for appointment to a specific location.

(2)

If the appointment is part time be careful about locking in particular days – it is

more useful to provide wording which allows flexibility. If the appointment is for

a fixed term, state that fact quite clearly and reinforce it by stating that the

appointment is from xxx date to yyy date and that there is no expectation of

continued employment beyond yyy date. It is important to state at the time of

appointment how the employment can be terminated. Appendix A lists the

reasons usually held to be sound reasons for summary termination – that is

termination on the spot with payment only up to the time of termination. It is

strongly recommended that you take advice before summarily terminating an

employee.

(3)

Check to ensure that you are employing the person under the correct Award and/or

Agreement – you would be amazed at the number of employers who do not get

this right; usually to their cost later.

(4)

Always state the Award/Agreement rate applying to the position (if

Awards/Agreements apply). If you paying above the Award/Agreement rate,

spell out that the rate is in excess of what you are required to pay and (if

appropriate) that the rate includes payment at least equal to annual leave loading

(for example).

Here is a sample clause:

The Employee shall be paid the rate of $50,000 gross per annum ($961.54

gross per week) effective on and from the first full pay period commencing

after the date this Contract is signed by the Employee. The rate of pay will be

reviewed in November 2008. The Employee’s rate of pay significantly exceeds

the rate prescribed by the Health and Allied Services – Private Sector –

Victoria Consolidated Award 1998 ($35,380.80 per annum/$680.40 per week)

and accordingly, the Employee acknowledges that the rate of pay includes an

amount at least equal to 17.5% annual leave loading, Award allowances,

Template Letter Of Appointment Page 3