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  1. #1
    Join Date
    May 2011
    Location
    Melbourne
    Posts
    45

    Default Resignation during Probation

    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

  2. #2

    Default

    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?

  3. #3

    Default

    Quote Originally Posted by Qld IR Consultant View Post
    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

  4. #4
    Join Date
    May 2011
    Location
    Melbourne
    Posts
    45

    Default

    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.

  5. #5

    Default

    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.

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