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Answered in 3 minutes by:
5/22/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHello David
I am based in Perth as well so will assist where I can.
The person who offered you the 12 months work, are they still with the company and when was the offer made?
Secondly, how often are you paid? Weekly, fortnightly - monthly?
I am based in Perth as well so will assist where I can.
The person who offered you the 12 months work, are they still with the company and when was the offer made?
Secondly, how often are you paid? Weekly, fortnightly - monthly?
Hi David
Thanks for that, the reason I asked is that a verbal contract is as valid as a written one, and by offering you 12 months employment then you were converted from a casual to a permanent employee.
As a permanent, you would be entitled to notice (depending on how often you are paid so lets say 2 or 4 weeks) together with any accrued annual leave and other entitlements.
This is on the basis that IF they had given you a written contract for 12 months with a termination for no reason clause of 2-4 weeks notice by either party.
Yes, I would be going back to the employer on the basis that you were a permanent employee based on the verbal contract made and that you want your notice entitlement.
If agreement is not forthcoming, contact the Work Place Ombudsman (www.wo.gov.au)to seek assistance to claim your entitlement
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
Thanks for that, the reason I asked is that a verbal contract is as valid as a written one, and by offering you 12 months employment then you were converted from a casual to a permanent employee.
As a permanent, you would be entitled to notice (depending on how often you are paid so lets say 2 or 4 weeks) together with any accrued annual leave and other entitlements.
This is on the basis that IF they had given you a written contract for 12 months with a termination for no reason clause of 2-4 weeks notice by either party.
Yes, I would be going back to the employer on the basis that you were a permanent employee based on the verbal contract made and that you want your notice entitlement.
If agreement is not forthcoming, contact the Work Place Ombudsman (www.wo.gov.au)to seek assistance to claim your entitlement
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedMaurice and 87 other Australia Law Specialists are ready to help you
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