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VIC Early Termination of Maximum-term Employment Contract - No Redundancy

Discussion in 'Employment Law Forum' started by KRR, 24 March 2015.

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  1. KRR

    KRR Member

    24 March 2015
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    My workplace (I've been employed here for over a year) has referred to my current employment contract as a "fixed-term contract", but given that it contains a termination clause I believe it's considered to be a "maximum-term contract".

    The end date is 31-Dec '15, and they're wanting to terminate the contract early primarily due to a company restructure, but are claiming that it's not a redundancy. They're suggesting that no grounds for termination are required - could this be possible, or should it be a redundancy under employment law?

    "We can terminate your employment by giving you notice in writing with a notice period of 6 weeks."

    I could understand no redundancy if it was an actual fixed-term contract, but then they'd be in a position to have to pay me out until the end date.

    Any advice would be appreciated.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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  3. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi there,

    Is your contract under an Award or Enterprise Agreement? You should be able to find the rules regarding pay and contract termination in the Award or Enterprise Agreement. Additionally, giving you six weeks notice of contract termination is quite a generous amount of time- how long have you been working there?

    If you want more information on redundancies, have a look at this blog post: Redundancy: A Quick Guide for Employees - Blog

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