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  1. #1
    Join Date
    Apr 2013
    Posts
    2

    Default Varying Emplyment Contracts

    If a employment contract has a provision that allows an employer to vary a employment contract 'at it's Discretion with 1 months notice' does this allow the employer to change the working week from 5 days to 6 days without compensation or any consideration to the employees familiy life and the employee has to just suck it up or if they don't like it then they have to resign?

    This does not seem fair or reasonable, however the clause does not say the employer has to be fair and /or reasonable it just says the company can vary terms at its discretion. Any thoughts on this would be appreciated.

  2. #2

    Default

    Contract still needs to be equal or better than the relevant modern award, if there is one that covers the job. Unfortunately employers suffer from bad advice by being told they can put a $40,000 admin worker on a "common law contract"....I'd need to know a lot more detail of the role and remuneration etc but on what you've posted then my advice would be no. Such a variation would need to be appropriately compensated.....But don't quote me just yet.......

    Secondly you never resign. It makes it a lot harder to argue a UFD case if you have resigned.....Unfortunately also if you its your contract than you signed it with that provision in it so your on the back foot before you even start......

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