How much is this service pleas. New zealand auckland. None. Wanting advice re employment contract - can I legally 'quit'

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Customer: how much is this service pleas
JA: What state is this in? It matters because laws vary by location.
Customer: new zealand auckland
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Customer: wanting advice re employment contract - can I legally 'quit' the job before i have even started?
Answered by Chris The Lawyer in 2 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Yes, you should tell the employer that you have changed your mind about accepting the job. There isn't any comeback from the employer if you do this

Customer
8. TERMINATION
8.1 (Termination on notice) Your employment may be terminated at any time by yourself or by NVC by providing
12 weeks’ written notice to the other party. NVC may make a payment to you in lieu of providing you with the
whole or part of the notice of the termination of your employment.
If you fail to provide the amount of notice provided for, the outstanding amount of notice will be deducted
from your final pay. Your consent as required by the Wages Protection Act 1983 is hereby irrevocably given to
this deduction.
8.2 (Termination for incapacity) NVC may terminate this Agreement by giving such notice to you as deemed
appropriate in the circumstances, if as a result of mental or physical illness you are rendered incapable of the
proper ongoing performance of your duties under this contract for a continuous period of six weeks, or for
periods cumulatively totalling three months in any 12 month period.
Signed: Thursday, June 04, 2020 at 04:41 AM (UTC) by Corinne Wigfall - FlareSign: #16079920
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Before terminating your employment for this reason, NVC may request that you consult or be examined by
one or more health professionals nominated or approved by us, at our cost, to provide advice to both parties
about your health and fitness for work, and to suggest ways of managing your illness, injury or condition on
returning to work. We may make this a condition of your returning to work. NVC will also take into account
any relevant information you provide, including other professional advice. If you choose not to consult or be
examined by a health professional as requested, NVC may make our decision based on the information
available, and draw whatever inferences we consider appropriate and reasonable in the circumstances.
8.3 (Serious misconduct) Notwithstanding clause 8.1, NVC may summarily terminate your employment and this
Agreement if in NVC’s reasonable opinion (based on procedures of natural justice and at the conclusion of an
investigation during which you may be suspended) you are at any time guilty of serious misconduct or other
circumstances that arise which permit NVC at law to summarily terminate, which includes (without limitation):
(a) any serious breach by you of the terms and conditions contained in this Agreement;
(b) a serious breach of one or more of NVC’s policies;
(c) victimising, sexually harassing, or unlawfully discriminating against any person while you are
performing your duties whether you are at the workplace or not;
(d) using abusive or offensive language towards, or fighting with, or making threats towards, or
committing any act of property damage or theft or fraud against any co-worker, agent, supplier,
contractor, visitor, client or potential client of NVC;
(e) being under the influence of illegal drugs or alcohol while at work or while performing your duties
whether you are at the workplace or not, or using your position to unlawfully obtain medications or
drugs;
(f) refusing to carry out a lawful and reasonable instruction or direction that is consistent with the terms
and conditions of your employment with NVC;
(g) conduct which creates a serious threat to NVC’s reputation, including the commission by you of a
criminal offence, whilst at the workplace or not;
(h) theft from NVC, colleagues, suppliers or clients, or abuse of your position or disregard for your
responsibilities in a way that breaches mutual trust and confidence;
(i) you working outside the areas of your competence or a serious one-off incident of negligence; and
(j) you not having or being unable to obtain any relevant professional registrations or memberships, or
being unable to take out any appropriate policies of insurance to enable you to carry out your duties
in the Position;
(k) NVC discovering that you have misrepresented to it your qualifications and level of experience.
8.4 If you are absent from work for more than three consecutive working days without notification to, and consent
from, NVC or without good cause, you will be deemed to have abandoned this Agreement without notice.
8.5 In the event of termination of your employment you will be paid all remuneration which may be due to you
to the date of termination, less any money which may be owed by you to NVC at that time (including, without
limitation, relocation/sponsorship costs, unreturned goods, damage to NVC property, staff accounts or
training and education expenses in accordance with policies). Your consent to any deduction from your final
pay as required by the Wages Protection Act 1983 is irrevocably hereby given.
8.6 On termination of this Agreement and whenever requested by NVC, you must immediately deliver to NVC all
of its books, documents, papers, materials, credit cards, software, computer files, access keys, memory sticks,
motor vehicles and other property which may then be in your possession or under your power or control and
reveal any password ***** other information to NVC required to enable it to access any of its comput
Customer
there is a massive vet shortage and I am concerned they will try and make me work the 12 weeks notice, is this legal?
Customer
i have signed the contract, does this change anything?
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Chris The Lawyer, Expert

It would not be realistic to make you work out the notice before you have started, and difficult to force you to do so

Customer
can they sue me for loss of income as they will loose a lot of money without me starting this job?
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Chris The Lawyer, Expert

Why have you changed your mind? It would be difficult to sue for the loss of income as that is only potential loss and not actual loss.

Customer
got another job for double the money and 2/3rd of the hours plus better benefits etc. ok thanks. Can they enforce any of the terms of the contract e.g. restriction of trade (means I cannot work within a 10km radius of practice for 2 years)
Customer
hello?
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Chris The Lawyer, Expert

I am just looking at some cases-I will respond shortly

Customer
ok thanks no rush just a bit unsure of the online process!
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Chris The Lawyer, Expert

There isn't much caselaw about this situation. Because you have signed the contract, there is a binding contract in place. If you cancel a contract then you can be liable for damages, although in this case the damages are likely to be minimal except possibly for the costs of employing you. The restraint of trade clause is unlikely to be effective because they are not binding on employees but only if you were to set up in business in opposition.

Customer
Thank you that's very helpful I appreciate your research. its so crazy you can sign a contract and then duck out last minute!! On the flip side with my new employer... can they back out of a contract after its been signed by both parties?
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Chris The Lawyer, Expert

In theory it is possible to seek damages for the breaking of the contract but they would need to prove losses, which would be hard if you have not started work

Customer
Hello, Can you read through this contract before I sign please? Thanks
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Chris The Lawyer, Expert

That is a fairly standard employment contract with a sensible restraint of trade clause

Customer
fantastic thank you appreciate your help!
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Chris The Lawyer, Expert

Enjoy the new job!

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