Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

ACT Employment Law - Grounds to Leave Employment Without Penalty?

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

  1. Thirteen

    Thirteen Member

    Joined:
    6 October 2016
    Messages:
    2
    Likes Received:
    0
    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

    Joined:
    27 May 2014
    Messages:
    2,703
    Likes Received:
    358
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Thirteen

    Thirteen Member

    Joined:
    6 October 2016
    Messages:
    2
    Likes Received:
    0
    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
     
Loading...

Share This Page

Loading...
gt;