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TAS Never Received Employment Contract - Valid?

Discussion in 'Employment Law Forum' started by Tipsntans, 25 April 2016.

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  1. Tipsntans

    Tipsntans Member

    12 March 2016
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    Am I bound to a written employment contract that I have never received? I was told I would receive an employment contract where I could agree or negotiate some terms. The only thing that was discussed was my salary. This is as far as I knew about any employment contract.

    Anyway, after my resignation, I asked for a pay review as I worked almost 7 days a week consistently, with up to 40 hours of overtime per week. I was rejected a pay review. I also asked for my termination pay to be paid out with leave loading. I was told my employment contract says I don't get leave loading. I also asked to be paid out during my last shift as my award states this on termination. I was not paid on that day or yet.

    What do I do under Employment Law?
  2. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
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    Have you taken action on this? An unsigned contract would require the employer to argue that you accepted its terms by conduct.

    Notwithstanding any contract, are you an award covered employee? If so, your award would provide for overtime.

    You may have a strong case here.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    I agree with Serge. To be deemed to have accepted the terms of the employment contract your employer must be able to point to some conduct on your part which would indicate your acceptance of its terms, however, if you had no knowledge of the contract and it was not made available to you by your employer on request they may have difficulty establishing that you had accepted them.

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