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ACT Employment Law - Grounds to Leave Employment Without Penalty?

Discussion in 'Employment Law Forum' started by Thirteen, 6 October 2016.

  1. Thirteen

    Thirteen Member

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    Just wondering if anyone knows what actions an employer could take if an employment obligation was broken.

    I signed my initial letter of offer which stated if I complete a qualification, I have an obligation to remain at the company for 12 momths after receiving said qualification. The qualification normally consists of 5 exams which cost roughly $200 each. I had completed 3 of these exams prior to joining the company, however the employer paid for the remaining 2 exams and provided a 3 day training course for one of the exams.

    I believe the contract was a standard one given to everyone and he expects to provide serveral 3-5day training packages plus costs of exams. After I received the qualification I received another contract which I have not signed, that states I have an obligation to stay for 12months and awards me a 10000 pay rise.

    Now the catch, my employer is struggling with cash, our pays are often up to a week late, and he has yet to pay any superannuation contributions to my superannuation account in the 5months I have been there. Is this grounds enough for me to leave without imposing any penalty under employment law?
     
  2. Rod

    Rod Well-Known Member

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    You both have obligations. Failure to pay wages on time will help with a notice period requirements but it is likely the employer may counter-claim for the cost of training.

    While contracts can be terminated for a breach, the court may consider the contract terms to be severable (meaning you pay for the training).

    The employer can't make you stay, slavery was abolished a few years ago, however he may be able to make you pay for the training.
     
  3. Thirteen

    Thirteen Member

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    Yeah I thought that might be the case, and would assume he could just take it out of my annual leave instead of paying it out
     

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