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ACT Contractor Termination - 4 Weeks Pay or 10 Days Pay?

Discussion in 'Employment Law Forum' started by Robync55, 28 July 2015.

  1. Robync55

    Robync55 Member

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    I have just been informed that my contract is to cease in 10 days, project finishing.
    My contract has 2 clauses:
    10.2 Notice: This Agreement may be terminated by either the Contractor or Cubic by
    giving four (4) weeks’ notice. Cubic may, instead of giving notice of termination, pay
    he Contractor the amount that would otherwise have been paid during the period of notice.


    10.3 Without Notice: This Contract may be terminated by Cubic Consulting without
    notice in the event:
    (i) the Client of Cubic Consulting for whom the Contractor is providing Services cancels its contract with Cubic Consulting for any reason which may include unsatisfactory performance or conduct on the part of the Contractor, or employees or contractors of the Contractor (and for the purposes of this clause the Client shall be deemed to have cancelled its contract with Cubic Consulting if it has requested the replacement of the Contractor); or
    (ii) the Contractor is convicted of an offence punishable by imprisonment; or
    (iii) the Contractor breaches any of the terms of this Contract, or any
    (iv) if a receiver, liquidator or administrator is appointed over any of the assets or
    (v) if Cubic Consulting terminates any agreement it has with the Client relating to
    Supplementary Agreement; or undertaking of the Client; or provision of the Services.


    I believe under contract law that I should get 4 weeks pay but as the Client cancelled the contract, Cubic say that they will only give me 10 days pay.

    Any advice is appreciated
     
  2. Sophea

    Sophea Well-Known Member

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    Hi RobynC55,

    Did any of the things outlined in clause 10.3 occur, that would entitle Cubic to terminate your contract without notice. If not, and clause 10.2 is relied upon, then you should at least be paid 10 days notice - because you would ordinarily have been paid for the 4 weeks (20 work days) during which you were serving your notice period, but since they are only giving you 10 days notice then they will have to pay you for the other 10.
     
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