VIC Contract Law - Changes to Resignation Notice Period on Employment Contract?

[Katherine]

Hi there,

I have been employed at my current workplace since July 2015. In my employment contract, I agreed to 4 weeks notice. I signed the contract when I started work. About 4 months into the role, the GM came to my desk and got me to sign an amended document changing the terms to 12 weeks. I was not given the option to take the document away and I felt pressured to sign on the spot, which I did. I was not given a copy of the amended terms.

Today, I have resigned from the position and have offered to give 6 weeks leave. My employer has refused to ask me to work the full term. Can I get out of the 12 weeks? What will happen if I only work the 6 weeks? I have only 1 or 2 leave days owing which I am more than happy to forfeit. Can I be sued based on the amended contract under Contract Law?

Any help would be greatly appreciated before I fight the notice period. Thank you!

 

[Rod]

Based on your post, working the 12 weeks seems like the safest option.

If it goes to court the employer is likely to say things like:

• I haven't been able to replace her
• it's a specialist position
• I lost contract work/income
• Tried to find a replacement and haven't.

The court will not make you work against your will, but will in all likelihood award damages against you if the employer can prove damages.

.....GM came to my desk and got me to sign .....

Did he hold a gun to your head? Did he hold your hand as your wrote the signature? While duress may be possible, or unfair terms, and he did not give you an opportunity to seek legal advice, much will depend on your seniority and education as to whether this will have much weight at court. Remember you had the option to say 'no'. Can't give definitive advice on how valid the amended contract may be.