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NSW Does Notice Period for Resignation Apply When Business is Being Bought?

Discussion in 'Employment Law Forum' started by JP Beaudoin, 14 April 2016.

  1. JP Beaudoin

    JP Beaudoin Member

    Joined:
    14 April 2016
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    Hi,

    My query relates to employment law and whether I need to give any notice of resignation or not when my company is being bought out.

    My situation is the following:

    Our company is in the process of being bought out and the plan is that we will be signing new employment contracts start of June. My current employment contract states I must give at least 8 weeks notice when terminating my contract. I am unsure whether I will be sticking with the business as my partner and I might be accepting a position overseas.

    Our earliest decision on this will be made end of April for a start in the new company starting early June this same year. Our current employers will remain employees of the new business. I have worked for the same company for over 8 years and am entitled to pro-rata long service leave payment at the termination of my contract.

    My questions are:

    1) Does my 8-week notice apply or would I be able to leave work 1st June at the moment of signing my new employment contract?

    2) Do I forfeit my pro-rata long service leave payment the moment I give my resignation notice?

    Thank you.

    Regards,
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
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    Do not resign before transfer of employment. You will forgo your redundancy entitlements!
     

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