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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 209
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: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.
Hello my name is***** am a solicitor in NSW who will help you today.
Expert:  kmslaw replied 1 year ago.
Let me re-read what you wrote and consider my response.
Expert:  kmslaw replied 1 year 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 If you have a verbal agreed date, it may be superseded by the written date if there is a clause in the contract that says the written contract is the entire agreement.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 1 year ago.
If you want certainty, you can attach the contract here and I'll have a look at it.
Customer: replied 1 year 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 1 year 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 1 year 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