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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was originally offered employment in 2007 but stipulated

Customer Question

I was originally offered employment in 2007 but stipulated that to change employment I would require a guarantee that a minimum of a 5 year would need to be offered. This was verbally agreed and 5 years was placed in the contract of employment. This term expired and 5 months later an additional 1 year was offered and accepted. Prior to the conclusion a further 5 years has been offered and accepted with a finishing date in 2019. With a change of management it has been indicated to me that my employment will cease with a further 4 years remaining on the stated finishing time. The contract of employment has a clause where either party can terminate with notice. What likely payout could be expected
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.What does the original contract say about termination?The people that offered you the extra 5 years are they prepared to give evidence on what the agreement was?
Customer: replied 2 years ago.
8.1 Summary Termination
PAC may terminate the Employee's employment summarily at any time if the Employee:
(a) fails to carry out the Employee's duties under this Agreement in a competent and
satisfactory manner;
(b) is guilty of wilful misconduct;
(c) engages in any conduct warranting summary dismissal at common law;
(d) is charged of any offence involving fraud or dishonesty or any other serious offence
(except for a traffic offence) which is punishable by imprisonment (whether
imprisoned or not);
(e) becomes bankrupt or compounds with his or her creditors (or any of them) or
assigns his or her estate for the benefit of creditors (or any of them); or
(t) breaches any of the provisions of clause 5 (Misconduct) or clause 6 (Confidential
8.2 Termination on Notice
(a) Either party to this Agreement may terminate this Agreement by the giving of four
weeks notice.
(b) PAC may choose to pay the Employee an amount equal to four weeks salary in lieu
of notice.
(c) At PAC's discretion;
(i) the Employee may be required to work through all (or part only) of the notice
(ii) PAC will make payment in lieu of the whole notice period (or the unworked
balance of the notice period).Further to our recent discussions regarding your contract as Project Manager at
Prince Alfred College, 1am pleased to offer you an extension of your current
contract (Agreement dated 13 December, 2007) from I July, 2014 to 30 June, 2019.
All other terms and conditions of your employment, as previously advised, remain
I would be pleased to receive from you by 12 March, 2014, the signed duplicate of
this letter as formal acceptance of th is offer.
Thank you sincerely ***** ***** excellent work you have undertaken for the College in
the time you have been with us and I look forward to the contribution which I am
sure you will continue to make to the life of Prince Alfred College.
Expert:  Leon replied 2 years ago.
The following applies8.2 Termination on Notice (a) Either party to this Agreement may terminate this Agreement by the giving of four weeks notice.Even though you were granted an extension there is no law that says you can hold them to it.They have every right under that part to terminate you with notice.They have to give you the notice plus Long Service Leave and also any unpaid annual leave owing.Your employment is from the date you started till the end of the notice and that is at least 8 years.They can terminate but they have to pay you correctly.There is no guarantee of employment here.I hope this makes sense? If they terminate you without Notice then they have breached the contract and you can sue them for that.It may sound unfair but that is the law as it stands todayIf there is nothing further thank you for using my services.If I have missed anything, or you have any further questions please let me knowIf there is anything else in the future please do not hesitate to ask.Please do not forget to leave positive feedback.RegardsLeon

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