NSW Hand in Notice Period Before Redundancy?

[Marco]

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,

 

[Serge Gorval]

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

 

[Marco]

Thanks. I have managed to give resignation yesterday.