QLD Employment Contract - How Much Notice Should I Give Employer?

[GrantSpils]

How much notice do I have to give my employer if my employment contract has 2 different clauses stating different required notice periods?

Let me explain:

On page 8 within the section 'Term and Termination' it states the following:

"The crew member shall be entitled to terminate this agreement by giving 30 days notice subject to Clause 8.1 below:

8.1 Crew member penalties..."

Then on page 13 all parties are provided with a page to sign and witness.

After this signing page the contract carries on with schedule 1 and 2

Within these 'schedule pages' there is another section titled 'Termination'. Within this section is the following clause:

"This Assignment Notice may be terminated in writing by either party by providing no less than 90 days in which the Crew Member would have been rostered for duty"

At the end of the additional 'schedule pages', on page 18, there is another section where both parties sign and witness.

 

[Rod]

Normally you get to chose in the circumstances where the intention is not clear. I am assuming you didn't write the contract.

Not sure if special circumstances apply. You mention 'crew member'. Not clear if you are on a ship that takes more than 30 days to dock at the next port, or in Antarctica with a 'closed in' winter period or on a ocean rig with infrequent change over or some kind of rare specialist with unique skills set affecting safety of other workers or something else.

If special circumstances apply, it may well be 90 days.

Also if contract says the schedules are special conditions and special conditions have precedence, then 90 days applies.

 

[GrantSpils]

Thanks for the response. The occupation in question is a commercial airline pilot and there are no special circumstances that would require a 90 day notice besides them having to find new staff.

 

[Rod]

You can always negotiate a time that suits both parties. If you intend on leaving you don't have to worry about your career prospects.

 

[Serge Gorval]

imagining that you are covered by the Fair Work Act - consider S117 Notice.

As far as your contract is concerned, terms > schedule. 30 days per contractual termination would be my position.