My contract said this, but I’m not sure if they can hold me to this, especially if I quit right after I receive a paycheck. I have a pretty abusive boss and I don’t really want to give notice of my leave:
“Subject to the probation period set out in this employment contract, you or the Employer may terminate this Agreement by giving 4 weeks’ notice of termination. The Employer will, at its discretion, be entitled to make payment in lieu of notice (or part notice and part payment in lieu). If you are over 45 years of age at the time that notice of termination is given by the Employer and have completed more than the statutory period of continuous service with the Employer at the time of notice, the period of notice will be increased by one week.
If you fail to give the required notice of termination, the Employer may withhold any monies due to you on termination under any relevant industrial instrument, an amount not exceeding the amount you would have been paid under the applicable industrial instrument in respect of the period of notice required by this clause less any period of notice actually given by you.”
Also, I will get 20 days PTO for the year at the start of January (they will all come in at once). I’m planning to use a majority of them a couple weeks into the year and say I’m going on a trip and never contact any of them again. Can they make me pay these days back if I do this? It doesn’t mention this in my contract, it just says this:
“You are entitled to accrue up to 20 days of annual leave progressively during each year of service based on your ordinary hours of work.
Annual leave is to be taken at a time mutually agreed between the parties subject to the operational requirements of the Employer, provided that requests for annual leave at particular times will not be unreasonably refused.”
I’m planning to use the days and take a picture of them being approved and then go no contact. Is this a bad idea or will I face repercussions? I don’t care about this employer as a reference after I leave. Is there a legal subreddit I could ask?