VIC Two Employment Contracts - Which One is Applicable?

Discussion in 'Employment Law Forum' started by a*NG*ie, 1 August 2018.

  1. a*NG*ie

    a*NG*ie Member

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    Hi there,

    Fairwork Australia can’t help in this matter because when I joined my work. They emailed me a contract. I signed it and took it to work for them to sign. The manager was not there, so I left with one of the colleagues for the manager to sign. I was casual initially hired for 2 days/ week.

    The following week I asked him for my employment contract. He said he forgot to bring it. I chased for a copy of my contract for a few times, but I never got it.

    After 3 months, I needed the contract to apply for a bank loan. I asked for it. He again said he would bring it the next day. The next day the owner (manager’s mom) says it is lost. She comes in with another contract saying everything is the same except for the terms of termination. The new terms was I was to give them a week’s notice before quitting, previously it was no notice.

    I protested because it was not a new contract and the terms should be the same. So either it was that contract or I had to wait at least another day for to get new contract.

    I recently quit the job and though my intention was to give a week’s notice period. Stupid me wrote the wrong date.
     
  2. Rod

    Rod Lawyer
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    The original contract will have precedence if you did not sign the second contract.

    If you signed the second contract it has precedence.
     
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  3. a*NG*ie

    a*NG*ie Member

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    I already did because there was no other way. I only signed because I had to give a copy to my bank to apply for a loan.
     
  4. Rod

    Rod Lawyer
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  5. Adam1user

    Adam1user Well-Known Member

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    Adding to Rod comment's the first one is lost, and signing the second one, it means is will prevail over the first one.
     
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  6. a*NG*ie

    a*NG*ie Member

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    I still have the first one in my email. It is unsigned.

    I also came across this
    Employment contracts and conditions | Victoria Legal Aid

    I was forced to sign it. Plus according to the award, a casual doesn’t need to give any notice. I hope these make compelling points for my case.
     
  7. Rod

    Rod Lawyer
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    Unsigned means it is of little value unless you can prove you were forced to sign the second contract.

    What was the nature of force used? Saying take it or leave is not forcing you.

    Without knowing the award can't comment except to say the award trumps the contract.
     
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