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  1. #1

    Default termination resignation

    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

  2. #2

    Default

    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.

  3. #3

    Default

    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?

  4. #4

    Default

    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.

  5. #5

    Default

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

  6. #6
    Join Date
    Jun 2008
    Posts
    33

    Default

    Quote Originally Posted by Fabsteel View Post
    ... great forum everyone..
    Glad you like it

    Spread the word, because the more HR people participate, the more likely it will be that people will get worthwhile input from their industry colleagues.

    With today's ever changing industrial relations landscape we need all the help we can get!

  7. #7

    Default

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

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