- May 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Advice on a Part-time Contract
My friend is currently working on a part-time contract, but for various reasons, she is extremely dissatisfied with her job and it is negatively impacting her mental well-being.
AI Legalese Decoder can help in this situation by providing information on the legal implications of breaking a contractual notice period and possible penalties involved. It can also offer guidance on steps to take in order to avoid any negative consequences.
## Consequences of Breaching the Contractual Notice Period
Her contract stipulates that she must give a 2-week notice before leaving the job. Is there a possibility of facing penalties if she decides to give a notice shorter than the required 2 weeks?
Furthermore, can AI Legalese Decoder assist in understanding the legal ramifications of violating the notice period and provide valuable insights on how to mitigate any potential repercussions?
## Exploring Alternatives to Fulfilling the Notice Period
In addition, if she is obligated to provide a 2-week notice, is there a workaround where she could utilize sick leave or personal leave during the resignation period to avoid working additional shifts?
AI Legalese Decoder can offer clarity on the feasibility and legality of using sick leave or personal leave as a means to fulfill the contractual notice period without having to work during that time.
## Seeking Assistance and Advice
Any assistance or advice on navigating this delicate situation would be greatly appreciated. AI Legalese Decoder could potentially provide valuable insights and guidance on the best course of action to take in order to protect her rights and well-being in this challenging situation.
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You should scope this web page:
https://www.fairwork.gov.au/workplace-problems/common-workplace-problems/my-employee-left-without-giving-notice
It says deductions for not giving notice can only be done under certain conditions. Failure to give notice may still be a breach of contract but is very expensive to pursue for an employer, more than the actual notice is worth.
Also the point re taking sick leave for the period of notice is discussed here:
https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/resignation-and-notice#:~:text=Taking%20leave%20during%20a%20notice%20period,-An%20employee%20can&text=An%20employee%20can%20take%20paid%20sick%20or%20carer's%20leave%20during,example%2C%20a%20medical%20certificate).
Is she paid one week in advance and one week in arrears, or is she only paid for work completed?
If she’s paid in advance, then I’d suggest not working those shifts would need to be recouped from any owing leave balances.
> is it possible just to take 2 weeks sick leave or personal leave over that resignation period so she doesn’t have to work another shift?
If she is able to comply with the Sick Leave or Personal Leave policies set up by the business (such as providing a medical certificate etc) then there should be no reason why that cannot occur.