atw: Re: Was: ..truth and logic now Ambit contract

Terry D:
On Tue, 29 Nov 2005 12:54:12 +1100 (EST),  you wrote:

> I've even received a contract from Ambit ("Australia's largest
> privately owned IT&T placement agency") that had clause
> entitling them to give a one-hour
> termination notice without cause. After I objected, they
> withdrew the offer, claiming that if they changed my
> individual contract they would have to change everyone's.
>

Good to record that and important that everyone knows that this
is the view they take: "Our contract, while it is supposed to be a contract,
is not in any way negotiable..." 
Which means, of course, it isn't worth the paper it isn't written on.
 

> How great would that be? Do four weeks' notice at your current
> job; start the new one to be given an hour's pay and a "sorry,
> we don't actually need your
> services". I'm intrigued to know if someone actually has
> accepted that condition. I normally wouldn't worry expecting
> that the IR courts would find that oppressive, but recent changes
> put me neatly in the no man's land between the state and federal 
> systems--with no coverage.

Yeah. This is a concern, but are we sure this couldn't be overruled under
simple contract law ?   Certainly I was able to take DEC to the District Court
and win on a similar point of contract law  ("Digital may terminate for 
convenience....")
when they gave me a week's notice a week after signing a "6-month" contract. 

It was particularly important that the contract had other provisions that 
allowed
for termination for breach (eg. raping the Managing Director and taking too 
long a lunch break)
and that there was no provision my way to allow me the equal option to 
terminate my services for 
"convenience".   

And with that case on the record in NSW  (Nerachta Pty Ltd and Digital 
Equipment Corporation (Australia))
there's a chance you'd get a magistrate to hear it reasonably favourably and 
wouldn't have to get
to the IR courts.  (It was initially stretching it in my case to get it up to 
the District Court  -- total sum 
claimed affects this, but the amount magistrates can deal with has been 
increasing.)

However, there is the fact that it took 4 years in the first case, and cost 
$8000 about 8 years ago even
though we won everything claimed, plus court costs.    You'd have to be saving 
money in the magistrate's
court.    And of course, if you're a member of a union....  

--Peter M
 


 







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