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Breaking an employment contract

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B_Sharp View Drop Down

Joined: 13/December/2016
Location: Australia
Posts: 3
  Quote B_Sharp Quote  Post ReplyReply Direct Link To This Post Topic: Breaking an employment contract
    Posted: 21/March/2017 at 14:27
When I started this job I signed a contract that had a very large notice period.

I'm now unhappy and have handed in my resignation (I gave 4 weeks notice). I have a feeling my boss will try and enforce my notice period and may even threaten legal action.

The two mitigating factors that come into play are;

1: That he has already broken the contract to me and has done since very early on. The contract stated I was to receive a work phone. I have never received the phone even after asking about it a couple times. I have subsequently upgraded my phone plan to minimize my own costs.

2: The company was recently sold and during the change over I was informed that I would be given a new contract with the new company. I then received a letter that looked suspiciously like a "contract". I told the boss I didn't want to sign it as I want to have some things in my original contract amended. He stated that it wasn't a contract and that it was just a letter of offer and our new contract would follow. The new contract was supposed to be sorted out by the end of January. I still haven't received it and I to be honest I think I was lied to just to get me to sign the "letter of offer".

Would the two above scenarios be enough to ensure I can leave without being taken to court or having any of my entitlements forefiteted?

Thanks in advanced.

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 490
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 22/March/2017 at 14:47
Ask fairwork, you do not have to sign anything you do not agree to.

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