If an employment contract requires the employee to give 6 months' notice of resigning but does not mention any penalty for giving shorter notice, then what are the sanctions for giving the legal minimum 2 weeks' notice instead of 6 months? Do the penalties depend on whether the employer breached the contract first?
ACT Penalty for too short notice
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If the employee gives two weeks notice, not 6 months, then the employee can be responsible for damages to the employer. I have no idea what damages apply in your situation, but think lost profits and additional hiring costs because of short notice (not costs the employer would incur anyway if you gave 6 months notice).
If the employer breaches the contract there is an argument for constructive dismissal and as such the 6 months notice clause is not operative because you did not resign. Not an easy one for non-lawyers and sometimes one or two seemingly small facts can make all the difference at court as to whether a finding of constructive dismissal is made out.
If the employer breaches the contract there is an argument for constructive dismissal and as such the 6 months notice clause is not operative because you did not resign. Not an easy one for non-lawyers and sometimes one or two seemingly small facts can make all the difference at court as to whether a finding of constructive dismissal is made out.
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