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

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Browney

Member
5 April 2016
1
0
1
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?
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
201
12
614
Sydney
lawtap.com
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.