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WA Employment Contract - Termination and Notice Period

Discussion in 'Employment Law Forum' started by Joana levi, 12 June 2015.

  1. Joana levi

    Joana levi Member

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    Hi there!
    I am on a 3 to 6 months employment contract, started on the 7th of Jan. I was expecting my contract was finishing on the 7th of July... However, I just heard that unfortunately there is no room for me anymore since there is not enough work to process.

    And my last day suppose to be next Friday, so i was giving 1 week notice. Now i opened up my contract and i cant find anywhere that that they can cut my contract short.. I am wondering if this is legal and if the company I work for can do this.

    So on top of my contract is said: Employment contract (3 to 6 months). Then under hours of work: You are employed on a PERMANENT BASIS, your ordinary hours are 40 hours per week.

    Under Probationary period: Your employment is subject to the satisfactory completion of a (3) month probationary period. Termination of employment during the probationary period is effected by one week notice from either person. We may make a base salary payment in lieu of such notice.

    Termination: You or the company may terminate your employment by giving 3 months notice in writing of the day of termination or any higher notice period as specified under any applicable laws. If the company elects to do so, it may provide you with a payment of the equivalent salary, in part or totally in lieu of notice. You may be entitled to redundancy payments in accordance with the Act.

    Can the company give me 1 week's notice?
    Can they even shorten the contract?

    I cant find any answer on the internet.
    Thanks in advance!
    :)
     
  2. DennisD

    DennisD Well-Known Member

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    Hi there Liz


    Interesting questions as to the notice period required and the term of the contract.


    One approach is to ask them to explain their decisions if you have queries. The advantage of that approach is to get them to do the initial leg work of analysis, as it is easier sometimes to be in a position of response.


    For example, as for the notice period you might consider asking something like, You guys have given me one week's notice. I'm curious how you arrived at that notice period? The reason I ask is that my contract says that following the probationary period of 3 months which I have satisfied I'm entitled to 3 months notice.


    As for the term of the contract, are you seeking six months in full until 7 July?


    Please keep us posted
     

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