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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I've put in my resignation months time and I had the region

Customer Question

Hey,
I've put in my resignation for 2 months time and I had the region manager sit in front of me and say that I wasn't allowed to do that and tried to cohearse me in sending in a resignation for 2 weeks. I was then sent a email advising that as my wish the resignation date was for 2 weeks. I responded saying this was incorrect and that my resignation date stands as of 2/3/15. I don't know whether today is my last day
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What does your employment contract say about termination and resignation notice?

Customer: replied 1 year ago.
2 weeks minimum
Expert:  Leon replied 1 year ago.

Good Morning

In that case they can enforce the 2 week period

Are you able to send me the exact clause and the wording?

Customer: replied 1 year ago.
Hello HR,Just following up as there has been no response to this email.Regards, *****I just want it to be recorded that my wish & still my wish for resignation was for Wednesday 2nd of March as stated in my resignation letter. It was after conversation with RM that termination of employment would be on the 19th of January.Regards,From: HRStaff All Queries/AEP/SArmy
To: Dean [email protected],
Cc: Rebecca [email protected], Michelle [email protected]
Date: 06/01/2016 01:21 PM
Subject: Resignation Acceptance
Sent by: Emma CoxHi Dean,I acknowledge receipt of your resignation dated 5/1/2016. Your resignation is accepted and you wish for your last day of service to be 19/1/2016.Your final pay will include any outstanding leave entitlements and will be deposited in your nominated bank account in the week following your last day.Salary Packaging
You are required to liaise with EPAC directly regarding any monies they have and whether you wish these to be paid to any benefit items or returned to you through payroll and taxed in the normal way. Your Salary Packaging amount is forwarded to EPAC on a fortnightly basis with the normal pay run, please ensure you allow for this when choosing your cessation date. You will need to call EPAC on 1300 223 202 to cease your salary packaging.Normal packaging will be taken from your final pay unless you send an email to hrstaff_all_queries or to your Local HR Advisor stating that you do not want packaging taken out of your final pay. This notice needs to be sent at least 48 hours prior to your final day.Please note that you cannot package Annual Leave and other termination entitlements.If you have a Visa card through EPAC, please note that any funds left on the card when you cease Salary Packaging will be held by ANZ for up to 3 months to be offset against any merchant invoices that are delayed in being presented to ANZ.Separation Certificate
Can you please advise by return email if you wish EPlus to provide you with a Separation Certificate - if required, this will be posted to your home address within 21 days of your termination.Termination Checklist
On your final day you will need to arrange with your direct manager to complete and sign off your termination checklist, ensuring that all company property and equipment has been returned, before your final payment is able to be released.Exit Survey
The Salvation Army Employment Plus has introduced an on-line Exit Survey process for all departing employees. This is an opportunity for you to provide feedback about EPlus, your job and the people you work with. Your feedback is important as it will help us better understand the reasons why people leave EPlus, what we can do to retain employees and identify any systemic issues that need to be addressed.The process is administered by an external consultancy firm, Insync Surveys, independent of EPlus, so you can have the confidence that any issues raised will be treated confidentially and in a sensitive manner. One exemption to the confidentiality of the survey is when feedback relates to Bullying and Harassment, in this case, your comments will be sent verbatim back to the National HR Manager to assess if further investigation is required.You will shortly receive a system generated email from Insync Survey's with a unique link to the survey.
Kind Regards,
National Human Resources
The Salvation Army Employment Plus
Level 3,*****Burwood East Vic 3151
Tel:  03 9847 8747 |Fax : 03 9847 8727
All replies should be sent to***@******.***
Expert:  Leon replied 1 year ago.

Good Morning

I thank you for the correspondence but I need to see the termination clause in your contract of employment.

Customer: replied 1 year ago.
I don't know how to find it
Expert:  Leon replied 1 year ago.

If it says that you have to give 2 weeks notice then they can enforce and accept only 2 weeks.

You cannot set your own notice period

Have you asked them for a copy?