Date 

Name

Address 

Dear ………………… 

Re:   Appointment to the position of …………………………. (1)

I’m happy to inform you that you will be starting on day/date in the role of……………. in our organization/practice/hospital. You will answer to Name and Title in that role.

Your employment contract is made up of this letter of appointment and the appendices that are attached.

You will be based in [Location] for the duration of your Contract, however you may need to move to another location within the Melbourne [or other city] metropolitan region.

Subject to successfully completing a three- or six-month probationary term beginning on XX date and ending on YY date as mentioned during your interview, the appointment is for a full-time, permanent post. Either side may end the employment during the probationary period with one day’s notice.

The employer may terminate your job with 4 weeks’ notice or by paying you in place of notice. You have the option of quitting your job with four weeks’ notice. Any of the grounds specified in Appendix A, which is a part of this letter of appointment, will result in a summary termination of your employment. (2)

The……………………………. Award and the……………………………. Agreement govern the terms and circumstances of your employment. (3)

You shall be categorized as…………………………………… at Grade………. in accordance with the conditions of the Award and the Agreement, which means that your gross yearly remuneration will be………. ($.. per fortnight). (4) The Job Description in Appendix B, which is attached to this letter, details the position’s requirements. (5)

You will be expected to work………. hours per fortnight, Monday through Friday, between the hours of…………am and………….pm. (6) You will be compensated at the applicable overtime rates outlined in the Award and/or Agreement if you are required to work between the hours of 7 a.m. and 7 p.m., Monday through Friday, (7) or on Saturday or Sunday. You should be aware that your immediate supervisor must approve any overtime. (8)

A mutually beneficial partnership is something we look forward to, etc.

Please call……………. on……………. if you have any questions about any part of your appointment or the terms and conditions of your employment.

Yours sincerely

Suitable Manager

Appendix A

Summary Termination

The Employer may at any time, with written notice, terminate the Employee’s employment hereunder if the Employee:

  1. Commits any act of action or omission that would be considered significant misconduct with regard to their obligations;
  2. Willfully neglects to carry out their tasks, functions, or powers in a coordinated manner;
  3. Commits a major or continuing violation of this Agreement’s terms or fails to comply with any of them.
  4. Is acting in a way that might endanger the Employer’s position or reputation;
  5. Refuses to comply with any valid and reasonable direction issued by the employer or any person the employer has lawfully authorized;
  6. Knowingly violates the privacy of any client, customer, patient, employee, or employer
  7. Shows up for work while under the influence of alcohol or narcotics.

 Appendix B

 Position Description

Notes:

(1) Clearly describe the position to which the appointment is being made; failing to do so increases the likelihood of misunderstandings later on in the working relationship. Include a mention of the chance that the employee may be asked to relocate within the company if that requirement is anticipated, but be sure to emphasize that the person will be consulted before moving. Avoid putting the employee in a position where they can assert that the contract is for an appointment to a certain area.

(2) If the position is part-time, be wary about locking in certain days; it is better to use language that provides for flexibility. Declare the position’s fixed period explicitly and reiterate it by mentioning that it will last from xxx to yyy and that there is no expectation that it will continue past yyy. If the appointment is for a defined term. It is crucial to specify the terms of termination at the time of appointment. The grounds for summary termination, or termination on the spot with only payment up to the moment of termination, are listed in Appendix A. It is highly advised that you seek guidance before firing an employee without cause.

(3) Double-check to be sure you are hiring the worker in accordance with the proper Award and/or Agreement. You’d be surprised at how many employers make this mistake, generally at great expense.

(4) If Awards or Agreements apply to the position, always indicate the applicable rate. If you are paying more than the Award/Agreement rate, specify that you are doing so and, if necessary, that the rate includes payment at least equivalent to the annual leave loading (for example).

Here is an example sentence:

The Employee will start receiving payments at the rate of $50,000 gross per year ($961.54 gross per week), beginning with the first pay period that begins after the Employee signs this Contract. In November 2008, there will be a review of the wage rate. The Employee acknowledges that the rate of pay includes an amount at least equal to 17.5% annual leave loading, Award allowances, additional duties, and payment for reasonable time worked in excess of 38 hours per week but not exceeding 45 hours per week. The Employee’s rate of pay significantly exceeds the rate outlined by the Health and Allied Services – Private Sector – Victoria Consolidated Award 1998 ($35,380.80 per annum/$680.40 per week). As a result, the Employee acknowledges that the rate of

(5) If you are offering a job description, make sure it is current; you may even get the chance to restructure the role.

(6) These are the usual working hours that the company expects the employee to report to.

(7) 7 a.m. to 7 p.m. Check to be sure that these are accurate in your Letter of Appointment. Monday through Friday (or something similar) are “the regular hours of work” during which an employer is not compelled to pay overtime or penalty rates.

(8) Make careful to always include in the Letter of Appointment that overtime requires authorization.

(9) If an employee asserts that they were not made aware of their responsibilities with regard to OH&S and the Code of Conduct during an induction program, it is crucial to counter that assertion.

It’s important to keep in mind that the Letter of Appointment becomes a contract and may be used as evidence in court—either to one’s advantage or, conversely, to one’s detriment.