NSW Employment Contract - Can I Leave Job as Casual Employee?

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Lpatterson

Member
22 February 2017
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I started working at an eyebrow bar one month ago as a casual employee. I now want to leave as I have found another job so I gave them a written two weeks notice. However, they said that I have to give four weeks notice as this was on the employment contract I signed.

I have only been there one month and I am still in the probationary period.

Please can you tell me if I am entitled to leave when I want as a casual employee even though I signed their employment contract?
 

Rod

Lawyer
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27 May 2014
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What does the contract say about notice periods?

Sounds unusual for a casual employee.
 

Lpatterson

Member
22 February 2017
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It says I have to give four weeks notice however the employer can give one week notice to the employee who has worked there under one year. This doesn't seem fair and I don't think they have the right to make me work one more month than I want to as a casual employee?
 

Rod

Lawyer
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27 May 2014
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It says I have to give four weeks notice

This is a problem. What award are you on? If the award doesn't say anything you might be stuck with the 4 week notice as you signed the agreement. You can leave within the 4 week period and leave it to the employer to take you to court. It is risky for them as there is no guarantee they'll win. There is an argument that the notice period is excessive compared to their one week period, but at the end of the day it is up to the judge to decide what is reasonable.

Weighing up the risk is something you need to evaluate. Having a new better job might outweigh the risk of leaving early.