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Sallyrad
03-10-2013, 09:07 PM
I was employed on a permanent full time basis in September 2001 and in 2009 became a permanent part time employee working 72 hours per fortnight. I have given notice of resignation in writing with 2 weeks notice but my employer insists I have to give 4 weeks notice under the NES. Another employee who was employed on a permanent part time basis in 2001 also resigned 2 months and they accepted her 2 weeks notice. My employer told me this was at the employers discretion. Do I have to give 4 weeks notice or as I changed from full time to part time 4 years ago, do I have to give only 3?

Cottoneyes
07-10-2013, 02:36 PM
I would say the change to part time employment is irrelevant to your argument as it was continuity of service, unless of course you want your LSL to have recommenced from 2009 and therefore not be paid out for those 4 years service.

Qld IR Consultant
08-10-2013, 06:37 AM
Agree with cottoneyes. Your employment status is not relevant, its the length and continuity of service. If you chose to leave early you will find your employer will withhold some of your notice period.

Tiger
08-10-2013, 07:41 AM
The notice period is clearly set out on the FWA website. With more than five years' service you have to give four weeks' notice. If you choose to leave sooner, then you'll only be paid to your last working day.
I would point out however that employment contracts (letters of offer of employment) should include the notice period in the event of termination, either way. Have you checked yours?

The above two responders are correct however, has your employer mentioned your Long Service Leave? In all states now, casual employees may be entitled to LSL - contingent is whether your casual employment from 2001 to 2009 was 'continuous'. Depending on the state you have worked in, will be the maximum break you can have without breaking continuity of service. So if you have worked constantly for that employer from 2001 - doesn't matter how many hours - you need to remind your employer about your LSL entitlement. You can go online and google LSL for your state so you have something to back you should your employer not realise you have LSL due.
Tiger

Cottoneyes
08-10-2013, 08:49 AM
No casual employment is mentioned, let's not be complicating the matter and confusing the poster.

Contract would have been pre FWA, so I would assume the FWA would overwrite anything in these contracts