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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Madam, I was recently working as a conveyancer solicitor in

Customer Question

Dear Sir/Madam,
I was recently working as a conveyancer for a solicitor in a permanent role. I had only been there one month when out of the blue my boss said I must sign a contract. I had no issue with this per say.
However, amongst other things, he required me no leave in the first year, working statutory holidays, no pay for overtime, and a restraint on trade which would preclude me working in the sector within 10km for a year if I ever left their employ. Note that I live in Coffs Harbour so this basically ruled out the whole city.
When I said I didn't feel it was reasonable the employer said that's why he needed me to sign a separate clause saying I agreed it was reasonable. Without which, to his own admission, a court would not consider it enforceable.
Because I didn't sign it I was sacked without notice. Can he do this??
Leona
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They cannot take away your statutory entitlements.

How long were you with them before you were terminated and when did this happen?

Customer: replied 1 year ago.
I said i was looking for 3 days work on a permanent basis.I was taken on one day a week initially, the following week it was upped to 2 days on the request that i do no work elsewhere. I said i coild only do so once i as on 3 days permanently as I am not in the financial position to turn away work if offered.On that basis he upped it to 3 days. I then did a further week at 3 days. Total four weeks. Before being "let go" last week.
Expert:  Leon replied 1 year ago.

Good Morning

If he terminated you because you would not sign the contract then this is coersion

Because of the short period you do not have a claim for unfair dismissal.

http://www.fairwork.gov.au/employee-entitlements/protections-at-work

You can claim under the general protections rules

http://www.fairwork.gov.au/employee-entitlements/protections-at-work

What they have done is wrong

You have 21 days to make the application with Fair Work