VIC Can Employee Terminate an Employment Contract?

Discussion in 'Employment Law Forum' started by AVH, 13 March 2019.

  1. AVH

    AVH Member

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    My employer hasn't paid my commission since November (now mid-March), I have requested it three times in writing and each time I get shrugged off. My contract says the commission will be paid monthly.

    Can I terminate my employment contract immediately by giving written notice? What else should I be aware of?

    I have a confidentiality clause but happy to stay within its confines.

    The phone number listed is my own so clients will still ring me, should I use cooperation with future calls in return for my commissions to be paid?
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    AVH,

    Broadly speaking, your contract should specify when and in what circumstances you can terminate.
    Good luck,
     
  3. AVH

    AVH Member

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    Thanks Paul, it actually doesn't state it but its also poorly worded and short. I just want out as soon as possible so will give 2 weeks notice and discuss ending sooner
     
  4. Rod

    Rod Lawyer
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    You probably have a case for unfair dismissal if you leave. The employer has breached the employment contract.

    If you want to look at that option just let me know. Note though you will have 21 days for initiating action after giving notice.

    Make sure you have a record of your request for commissions and the amount owed.
     
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