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Sean
Sean, Experienced lawyer
Category: Australia Law
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Experience:  Law degree with 1st class honours from Australian National University.
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Hello, Would like your advise on employment termination. I

Resolved Question:

Hello,
Would like your advise on employment termination.

I gave my employer an advance notice of employment termination. Notice was given on July 17, 2013 and stated my intention to end my employment effective December 2013. My manager wrote back stating as per my contract of employment I am required to give 4 weeks notice only and therefore is requesting me to end my employment as at 30 September 2013. What are my rights, I am not covered by any award.

Appreciate your advise.

Erullkal (Ms)
Submitted: 12 months ago.
Category: Australia Law
Expert:  Sean replied 12 months ago.

Dear Ms Erullkal,

Thank you for your question. My name is XXXXX XXXXX I would be happy to assist you with this.

Even though your contract says that you are to give 4 week's notice of termination, you can still give a longer period of notice if you like. Therefore, your notice of termination for December 2013 is still effective, despite what your employer says.

If your employer wants you to finish earlier, they would need to give you notice of termination themselves (4 weeks) and terminate your employer earlier. If you earn less than $123K per year and are employed by a company you would be entitled to bring an unfair dismissal claim, because they would not have fair grounds for termination. You would also be entitled to be paid your accrued but untaXXXXX XXXXX service leave if you have worked longer than 7 years.

Please let me know if you need any more information.

Regards,
Sean

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
Sean and other Australia Law Specialists are ready to help you
Customer: replied 12 months ago.

Now that my salary is $215K/annum, do I have the right to request my employer to prospectively pay my wage till December 2013 since my employer is requesting me to terminate my employment by end of September and if my employer refuse the payment what are my rights.


 


Thanks
Suseela

Expert:  Sean replied 12 months ago.

If you agree to terminate your employment by the end of September, then your employer will only have to pay your salary until that date. However, if you do not agree to do this, then you will keep working until December and your employer will have to pay you until then. Unless, of course, they decide to terminate your employment earlier which they can do by giving 4 weeks' notice. Unfortunately, because of your income level, you will not have access to the unfair dismissal jurisdiction so there will be little you can do to challenge this. They will just need to give you 4 weeks' notice or payment in lieu of notice.

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