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NSW Notice Period Before I Leave Employment?

Discussion in 'Employment Law Forum' started by Sara91, 3 May 2015.

  1. Sara91

    Sara91 Member

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    Hello everyone, I would appreciate an answer on this one so much :)

    Basically I've been offered a new job, they would like me to start asap. From Tuesday (5th) I am on holidays till Monday (18th) (2weeks basically)

    I work in a small Industrial buisiness, I am required in my employment contract to give 4 weeks notice period, can I give my notice tomorrow (Monday) and then when I return only have 2 weeks of work before leaving?


    My work place is going to be very angry about this, I need to know what avenues are right etc as I feel they will even turn around and say sorry annual leave has been unapproved now, I need to follow the book on this one.

    Thanks in advance.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Sara,
    Unless there is something in your employment contract, Enterprise Agreement or Award that says otherwise, your notice period can include approved leave. So if from Monday there is 4 weeks until your new job is due to commence, then that is your 4 weeks notice.

    Also, if you have more accrued leave or other entitlements (other than sick leave), these need to be paid out to you with your final pay.
     
  3. Sara91

    Sara91 Member

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    Thanks for the reply!
    Problem is I cannot remember if there is a clause in there saying that, I remeber it is only a 2 page agreement but with not much in there, so I am assuming things like this is just to come under general work place rights.

    I am also planning to hand it in after 4pm (finish time is at 4) so they cannot attempt to cancel my leave, is this ok or will they be able to knock back my letter?
    I have a feeling they are going to play as dirty as possible about this so need to cover all bases. Thanks again :)
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Sara,
    If you need to give 4 full working weeks notice, then my interpretation is that the full first day would be part of the 4 weeks notice. If you are concerned that your current employer will attempt to cancel your leave, can you arrange to start your new job one or two days later and give notice to your current employer on the morning of your first day of leave?
     
  5. Sara91

    Sara91 Member

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    Thanks again for the reply, with my 2 weeks annual leave and 4 weeks notice period it would mean I do not infact start for 6 weeks, my new employer has asked me to start asap.

    I have put in my notice to include 9 days annual and 11 working days as its sufficient time for a hand over. Meaning my last day will be June 1st. I just know I need to cover all bases.
     
  6. Sara91

    Sara91 Member

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    My leave is tomorrow, so I am figuring if I oresent the notice after 4pm than I am officially on leave, meaning I do not need to answer my phone etc if they try to contact me about cancelling the leave.
     

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