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acmbar
18-09-2012, 10:22 AM
As part of an employment contract, I must give a period of 1 months notice for resignation. As such is my employer required to pay the full 1 month of salary in lieu of the notice?

Moz
18-09-2012, 03:01 PM
Not sure what you mean by "in lieu of the notice".

Providing you work during the notice period then you are entitled to be paid for it.

However, if you give one months notice and they terminate your employment immediately and say they don't want you to work out the notice period, they still have to pay you for the month.

Does that answer your question?

NicoleAnita
18-09-2012, 10:43 PM
I agree with with Moz. If you give the minimal (or contract) notice period and intend to work the notice period then your employer is required by law to pay you. However, if you give the required notice period (either via Contract of Employment, EBA, Modern Award etc) and your employer says "No you can leave today, then by Australian Legislation the employer is required to pay you as if you had worked that notice period.

Example - you have to give 3 weeks notice. Your employer says no you can leave today, then they have to pay you for the time you were willing to work ie 3 weeks. Otherwise you are now entering termination territory which in itself is a whole new ball game. Hope this is clear.