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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 196
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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Can I rescind a signed employment contract before the start

Customer Question

Can I rescind a signed employment contract before the start date if contract has the following term:Commencement: The employees employment will be governed by this agreement on and with effect from the date specified in Part 2 schedule 1 and The employee assures the employer and the employer relies on that assurance that there is no impediment to the employee commencing employment on that date. The date has a date of 9 may or earlier but verbal agreed date was 9 may.
Submitted: 12 months ago.
Category: Australia Law
Expert:  kmslaw replied 12 months ago.
Hello my name is***** am a solicitor in NSW who will help you today.
Expert:  kmslaw replied 12 months ago.
Let me re-read what you wrote and consider my response.
Expert:  kmslaw replied 12 months ago.
Hello. You need to check the termination clause in the contract to see whether it gives you an opportunity to terminate the contract. If you have a verbal agreed date, it may be superseded by the written date if there is a clause in the contract that says the written contract is the entire agreement. Does that help you today?
Expert:  kmslaw replied 12 months ago.
If you want certainty, you can attach the contract here and I'll have a look at it.
Customer: replied 12 months ago.
This was not the question. I have not started and the termination clause says 4 weeks notice. The start date of employment is 9 May 2016 which was what was specified as referred to above and part 2 schedule 1. The commencement date specified in clause 2 was 9 may or earlier but verbally agreed 9 May as no intention to start earlier than that.The question is am i governed by the contract as it states on and with effect form the start date.
Expert:  kmslaw replied 12 months ago.
If there's going to be a right to rescind in the contract, it is going to have to be expressed in the terms of the contract. So you should have a look at the terms of the contract to see if there is a written right to rescind.
Expert:  kmslaw replied 11 months ago.
Hello. How did you go with this? Do you need more help? If not and you were happy with my answer please rate my answer. Thanks. Kylie