This is a long form severability clause. This clause is designed for inclusion in the employment contract as a mechanism to sever clauses as may be required, if certain clauses are deemed unenforceable. Such a clause is useful when a restraint of trade clause is included in the employment contract.
For an employment agreement, see the separate precedent collection, including the “Basic employment agreement (short form)” and “Basic employment agreement (long form)”. Clauses should be adapted to ensure consistence of terminology, particularly in relation to defined terms.
This document has been authored for Lexis Nexis and is authorised by Brooke Pendlebury, Principal, Pendlebury Workplace Law, Sydney.
This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.