VIC If Employment Training is Not Given After Resignation - Any Recourse?

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kkl

Active Member
29 November 2016
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Hi everyone,

I recently had a first interview by the end of Oct, then 2 weeks later for 2nd interview. At the first week of Nov., I was noticed by email to have a medical check, after 2 weeks later, on the Monday the company call me if I can go to the training next Monday.

At that moment, I told that HR as I have currently job so I need 2 weeks notice to resign, and asked him if I officially got the offer? And more details about the training course and employment offer details.

HR haven’t replied to me, so I went to the company on Wednesday to contact the HR person and his answered was "Once you got the training, you you can get the job” and he said he will send me an email that night or Thursday.

Until Friday, I haven’t got any email from HR. As he said if I didn't attend the training that, mean I gave up the offer. So I attended the training on Monday and they were shocked! As they said they expected me come after 2 weeks.

They finally told me to resign and come after 2 weeks for training.

I was confused as they never wrote a notice about the offer but need me to resign first then have the training. I finally resign from my current job and now have to wait 2 weeks to see if they really give me an offer.

I feel this is unusual as normally the company already asks about your notice period during the interview. And they never replied to me about the employment offer. The last email was only the medical check and verbal call me for the training until I came to their office.

May I ask, is it normally for a the company to do things like this? As I have now resigned from my current job ( I know it's a risk) but as they said, if I under was another company, I can’t attend the training ( as this is a paid training).

What can I do under employment law if after 2 weeks they don't give me any training as all these haven’t come with a written notice?

Christmas is coming and I resigned from my current job and got no confirmation from the new job (offically). I am worried about my family as I am the only one with work in my family.

Please help and thank you.
 

Rod

Lawyer
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27 May 2014
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Will be tough to prove your side without something in writing. I suspect the other side will say something different.

Hard to give help in this situation. You need to work out if you can apply for your old job back, or wait the 2 weeks.
 

kkl

Active Member
29 November 2016
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0
36
I finally resigned on monday and the company can let me go with 1 week notice. I send an email to the new company recruiter manager and said I can take the training next monday. He replied me said he will do the paper work and that’s it.

Today is Thursday and I still haven’t received any email again. I feel very annoying if I keep bothering him but seems like everything is not that confirmed after I resigned.
 

Rod

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I'd ring today or tomorrow. Say you want to confirm starting time (eg 9am) and location.
 

kkl

Active Member
29 November 2016
6
0
36
We send and he replied:

“You should receive your contract by this afternoon or early tomorrow in you email”

Seems he didn't reply directly about the training but contract, but we still haven’t receive anything till now.

It’s sounds dodgy, don’t understand why if they just reply a rejected email instead.
 

Rod

Lawyer
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Sounds more like disorganisation. Phone call is better than email for some things.
 

kkl

Active Member
29 November 2016
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0
36
I tried 2 weeks ago but the phone number always go to voicemail and full. I can contact him only via email or go to the office.
 

kkl

Active Member
29 November 2016
6
0
36
Finally no contract received! I paid for my lesson - lost my job and can't get the new job. Will be with 3 kids for the unforgettable Christmas without income.

Anything I can do if the company doing things like this? If the last email can be taken as proof that they make it sound like they already gave me an offer?
 

Rod

Lawyer
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Do not give up yet. Go see them if you have to.
 

Matthew Lynch

Lawyer
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18 July 2016
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If they told you to resign in these circumstances you have a good claim. The contract was formed when they told you to resign and you did.

You relied on their promise of a job offer to your detriment. The claim would be in equity for estoppel or in contract for promissory estoppel.

Damages would be reasonable notice of termination after accepting the job offer.