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legal advice : notice of resignation

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  • legal advice : notice of resignation

    Hi, I was wondering if on a full time contract if it states that you have to give 4 weeks notice that you really have to honour it (I thought the standard was 2 weeks)? I know that just because some thing is on a contract it doesn't necessarily mean it would hold up in court...

    Does anyone know the labour laws for this in WA?

    Cheers, Rich

  • #2
    pretty sure if you've signed that contract that it's binding.

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    • #3
      Yes, but there may be penalties listed in the contract for giving less notice. They don't have to be applied, though - it's at the employer's discretion.
      "He who joyfully marches to music rank and file, has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would surely suffice." Albert Einstein

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      • #4
        By signing that contract you agreed to be bound by the terms within it. True - sometimes there are clauses within contracts that are not 'enforceable', but standard terms such as notice requirements are.

        It is as Sventek says - it's generally up to the employer whether they enforce the term or not. Check the contract as to whether penalties may apply.
        Employers are often happy to accept two weeks notice so long as you are happy to have two weeks less pay. It's up to you to negotiate with them
        I came here to drink milk and kick arse... And I'm all out of milk

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        • #5
          I think 4 weeks is pretty standard

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          • #6
            If you've signed to a 4 week notice period then 4 weeks it is.

            From a contract point of view you cant claim that its an unfair term.

            Why dont you negotiate an early termination ? Your contract should be binding (dependant on a few aspects of boring contract/employment law etc) but as Sventek said your employer can vary or waive aspects if you sit down and talk to them.

            Think of it like this .... if your employer suddenly decided that "standard" was $10k less pay than your contract stated you'd be pretty quick to pursue, wouldnt you ?

            Think of yourself lucky ... Im on 3 months!
            Some say he eats sidchrome for breakfast

            Some say he only showers on even days of the week

            Some say he put an R1 motor in a coffee machine

            All we know is he's Hewie.

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            • #7
              PS ... If you REALLLY want to try it on ... ring the Deptartment of Education, Employment and Workplace Relations they can advise on the current laws.
              Some say he eats sidchrome for breakfast

              Some say he only showers on even days of the week

              Some say he put an R1 motor in a coffee machine

              All we know is he's Hewie.

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              • #8
                OH HAI

                I can easily explain this if you tell me how long you have worked for them

                Dubs

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                • #9
                  Depending on the nature of the work. Sometimes you will be terminated as soon as you give notice, in this case the 4 weeks notice will be in your favour as they will pay you out for the contract hours for the duration.
                  Atlas Performance, dyna pumps, " your name goes here"

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                  • #10
                    Originally posted by Dubs View Post
                    OH HAI

                    I can easily explain this if you tell me how long you have worked for them

                    Dubs
                    about 3.5 years. I am not trying to fuck them over, just any leverage is good in negotiations. breaking up is hard to do

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                    • #11
                      there is 2 types of law here.

                      1 workplace law.

                      under 12 months service = 1 weeks notice
                      1-3 years = 2 weeks notice
                      3-5 years = 3 weeks notice
                      5+ years = 4 weeks notice.

                      This is the minimum amount of notice you AND the employer are bound by, unless there is misconduct involved.

                      Shown HERE


                      Contract law:

                      If you have signed a contract that says I WILL GIVE 4 WEEKS NOTICE NO MATTER HOW LONG I HAVE WORKED FOR THEM, then you are legally bound by that contract.

                      However, A business would be pretty low to go you for breach of contract after you've given the federal minimum amount you have to AND it would be a fuck around and cost for them.

                      I have NEVER seen a company go an employee for breach of contract but they will say "oh you didnt honour the contract and we're holding your annual leave/regular wages etc". This is illegal and the Workplace Ombudsman will help you with obtaining those 'workplace law' entitlements.
                      They do this because THEY (the employer) dont know the difference between contract and employment law, hence they just mix up provisions of both.

                      Hope this helps

                      Dubs
                      Dubs
                      PSB Statesman
                      Last edited by Dubs; 18-04-2011, 10:41 AM.

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                      • #12
                        You're so sexy when you get all professional and authoritative
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                        • #13
                          Originally posted by Arwon View Post
                          Depending on the nature of the work. Sometimes you will be terminated as soon as you give notice, in this case the 4 weeks notice will be in your favour as they will pay you out for the contract hours for the duration.
                          +1 If it's in a position where you could take clients/company secrets/confidential documents etc then a lot of times they will walk you off site straight away
                          Although if you were going to do that shit and were smart you'd do it prior to handing notice in
                          #1 Gold Ticket Holder for the Barfridge Fan Club
                          Originally posted by Phildo
                          Noted. We'll check back on that one in three years
                          Originally posted by filbert
                          i'll pretend you didn't know she was 13

                          98 BADASS TITANIUM BLACKBIRD - Past bikes 1982 XS250 Yamaha & 1983 CB750F with 900 motor
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                          • #14
                            Its not such a big deal, the worst they can generally do is withhold annual leave for the notice period, if you dont have any annual leave not much will happen,

                            2nd option tell them your going to work for the opposition, they will have you out fast as above.
                            National pride should not be a crime!.

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                            • #15
                              thanks for the advice guys. much appreciated.

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