termination resignation

[Fabsteel]

We have an employee who has had two written warnings and would have received his third today due to non performance and employment would have been terminated with one weeks notice in lieu. The employee has only been here since October 2011.

The employee has since sent an email tendering his resignation with 4 weeks notice.

We really would like to know where we stand as the legal notice period required is one week. Can we say no only one week required and pay the employee or do we have to pay the tendered four weeks?

Any help would be greatly appreciated

thanks

[Qld IR Consultant]

If its 1 week then its 1 week. In instances like this you are better off to dismiss the employee and pay out the notice period without them attending work. They will do more damage at work than any other employee who is under-performing.

[HeyPete]

His resignation is secondary to the companies performance reviews on him.

Continue with the termination process, providing 1 weeks notice, and as mentioned above, it would be a good idea to pay out the notice period.

Just 1 question though, why would the employee think that his notice period is 4 weeks? What is written in his contract in regards to probationary period and notice period following probation?

[Fabsteel]

He gave 4 weeks notice he says to give us time to replace him.

The contract states resignation timelines as per fairwork guidelines. 1 year - 1 week etc.

The boss has indicated that he will review the contract but so far I haven't seen any outcomes.

[Fabsteel]

Thank you for the help too ... great forum everyone..

[admin]

... great forum everyone..

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[HeyPete]

Fabsteel, what did you end up doing in this case?