Resignation during Probation

[DanB]

Morning All

An employee has resigned providing 4 weeks notice during their probation period 2 months into the role. The employee is on a management contract. We wish to finish him up this friday as there willbe no real value in keeping them employed.

Given the employee has provided 4 weeks notice do we need to pay out that 4 weeks if we finish him up this friday or just pay him for the days he has worked?

As we are termiating his employment I would say yes we need too, but any feedback on this would be appreicated. - there is no specific clause within the management contract around this

Thanks

[Qld IR Consultant]

Dan, if he has already provided his written resignation you can pay him the days he has worked and effect the separation. You haven't terminated him, he has resigned, there is a big difference. Only unknown (from my perspective) is what does it say in his contract?

[Qld IR Consultant]

Dan, if he has already provided his written resignation you can pay him the days he has worked and effect the separation. You haven't terminated him, he has resigned, there is a big difference. Only unknown (from my perspective) is what does it say in his contract?

Sorry, my apologies I just read the final line of your post. If there is nothing in the contract then go ahead. Any issues let me know

[DanB]

Thanks QLD IR.

There is a termiation clause however it is based on gross misconduct, unable to fulfil the duties etc as follows:

Either party may terminate this Agreement and the Employment at any time by providing the other party with notice of termination as specified in Schedule B (which he has done). Where the Company terminates the Agreement and the Employment, it may provide the Employee with payment in lieu of notice - being that of 4 weeks.

[Qld IR Consultant]

Your clear. Go ahead and effect the separation. Remember when your communicating to him though that you ensure he realises your not terminating him, he resigned.