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VIC Employment Law - Resigning While on Probation - Where Do I Stand?

Discussion in 'Employment Law Forum' started by Browney, 5 April 2016.

  1. Browney

    Browney Member

    5 April 2016
    Likes Received:
    I have only been at the company for 8 weeks and it's not anything like how it was sold in the interviews. I spoke to my boss and said I wasn't happy and wouldn't be staying past the end of my probation (3 weeks left). He then informed me that I would need to give 6 months notice as there was a clause in my employment contract that meant I did not have equal rights to the company during my probation period.

    The paragraph reads "Your employment for the first 3 months is on a probationary basis and is subject to your satisfactory performance in the role. During this time, your employment may be terminated by the Company by giving 1 weeks’ notice. The Company may elect to make payment in lieu of all, or part, of this notice period".

    Where do I stand with Employment Law? Are they legally allowed to hold me to a 6 month notice period when they are only required to give 1 week?
  2. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
    Likes Received:
    Under the NES the minimum notice period is one week for you also.

    Under the contract, if you're notice period is not specified and a claim is made then the courts consider "reasonable notice" in your case if you've been employed for 8 weeks, 1 week would be reasonable.
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