Because standard form contracts usually provide a worker little to no opportunity to negotiate terms and conditions, some unfair contract terms may arise. Fortunately, there are laws to protect workers from unfair contract terms.
There are several factors that can help determine whether a term is potentially unfair. Use the following questions to assist you in recognising a potentially unfair contract term:
- Is the term reasonably transparent?
- Is the term a reasonably necessary protection for the legitimate interests of the hirer?
- Does the term create a significant imbalance between your rights and responsibilities and those of the hirer’s?
- Would enforcing the term result in a financial or non-financial detriment to you?
Note that a term’s fairness should only be considered within the context of the contract as a whole. Only a court can make the final decision on whether a contract term is unfair.
Before making a complaint or taking any legal action, however, it is recommended to discuss any concerns with the business in an effort to resolve any issues.