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Employment Law - Illegal to Rescind a Job Offer?

Discussion in 'Employment Law Forum' started by michael1234, 18 February 2016.

  1. michael1234

    michael1234 Member

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    Hello,

    I have signed a job offer about 3 months ago. The start date was then around 5 months away. Now it is about 2 months before the job is meant to start, and there have been some unexpected things that happened recently, due to which I will not be able to start in 2 months.

    If I call the employer now to inform them of the situation that I cannot start within 2 months (I could start in around 6 months, which may suit them, but I am not sure), is that illegal under Employment Law?

    The employment is in NSW, though I am not currently living in NSW if that matters.

    I'll mention that the employment contract includes a clause that says employment can be terminated at any time with one month notice (from either side).

    Cheers
     
    #1 michael1234, 18 February 2016
    Last edited by a moderator: 19 February 2016
  2. Sophea

    Sophea Well-Known Member

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    Hi Michael1234,

    If you can't start as contemplated by the original employment agreement, then you can simply tell the employer you can't proceed with initial timetable and propose a new one. They are not obliged to agree to your new proposal, they can hire someone else instead of you, but they are not going to take you to court to force you to start working for them in 2 months as originally contemplated, if that's what you are querying.
     
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  3. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

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    Hi Michael,

    How did you go with this, where are you at ?
     
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