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NSW Hand in Notice Period Before Redundancy?

Discussion in 'Employment Law Forum' started by Marco, 8 August 2016.

  1. Marco

    Marco Active Member

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    Hello, I’m seeking for a quick help regarding my situation.

    I’m currently employed under a 457 visa since October 2015 and I have now decided to resign because I want to come back to my home country in November. I have a 3-month notice period and by resigning now, I should be free by mid-November.

    Currently, my company is facing some challenges and a slow down in its business. My manager told me and other managers (I’m in the executive team) that a cut in jobs is probably needed starting from September 2016. It’s still not sure yet; we don’t know how much of the employment budget should be cut, and I don’t know how… but I suspect through redundancy.

    I want to resign because I want to work for my whole notice period, it’s 3 months, but in case of redundancy, I know the minimum notice period is 1 week – plus I won’t get any redundancy pay in case they make me redundant, because I have been employed here less than 1 year.

    Given this situation, my question is: if I resign – or – if I express my intent of resigning before they decide what to do with cutting jobs and redundancy, could they make me redundant?

    I would like to avoid this, and I would like to work for my whole notice period until November.


    Thanks,
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

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    hi Marco,

    That's right, if you resign now, you forfeit your entitlement to any redundancy.

    There are a few ways you can approach this issue. Either raise the matter with your current employer on a without prejudice basis advising them that you will take a vol redundancy, or wait for the redundancy and re-negotiate a reasonable notice period.

    Let me know if you have any further questions
     
  3. Marco

    Marco Active Member

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    Thanks. I have managed to give resignation yesterday.
     

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