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NSW Notice Period for Quitting a Job with Contract in Place?

Discussion in 'Employment Law Forum' started by Lucaslly97, 11 June 2018.

  1. Lucaslly97

    Lucaslly97 Well-Known Member

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    Hi,

    I had a casual/part time job which I signed an employment contract to work in. The contract didn’t say anything about other quitting consequences apart from losing 300$ deposit which I had given them at the beginning... or so I remember.

    My question is, if I forfeit the 300$, can I quit my job? If I can quit my job, how short can the notice period be without legal consequences?

    The 300$ is to make me work for 1 year before quitting.
     
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  2. Rod

    Rod Well-Known Member

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    Wow - you paid money to secure a job. Likely not legal at face value. But does depend on how they justify the money (eg external training costs, uniform - if allowed by award /EA))

    Being casual no notice needed unless it is in your contract which you seem confident is not there.
     
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  3. Lucaslly97

    Lucaslly97 Well-Known Member

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    Actually I just got the contract copy, it demands a certain amount of time of notice but didn’t state any consequences if I break the contract. What happens if I quit on a short notice?
     
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  4. Rod

    Rod Well-Known Member

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  5. Lucaslly97

    Lucaslly97 Well-Known Member

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  6. Rod

    Rod Well-Known Member

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    It will come down to what damages they incur as a result of you breaching the contract. I suspect they'd have a hard time proving any damages but then I don't know the full situation.
     
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  7. Lucaslly97

    Lucaslly97 Well-Known Member

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    I guess the damage would be to have to spend time finding someone to take my position?

    It’s a teaching swimming job.
     
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  8. sneha

    sneha New Member

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    The intimation before quitting the job is essential.The breaching of contract should not be violated. It is the law - the proper intimation should be given.
     
  9. Rod

    Rod Well-Known Member

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    Which they have to do anyway. Damages here may be lost income if they have no other teacher ready to continue.
     
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  10. Lucaslly97

    Lucaslly97 Well-Known Member

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    Basically I discussed with the employer, the consensus is I can lose the 300$ and quit the job which she didn't state but I think was assumed since I suggested that I am not taking that back. But she did state that I can quit without consequence and that's all.
    But I want to know if verbal abuse induced stress is a legitimate reason to break a contract?
    What happens if she insist I need to work and I started to intentionally work like s**t? (Of course without the evidence that she said I can quit or the verbal abuse) I am just curious how the law can protect the employer.
     
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