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Employee Rights & Responsibilities When Resigning

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Our long-running history providing managed payroll solutions in the employment industry has exposed us to some great working relationship and some not so great ones. For whatever reason, sometimes it is necessary for employees to terminate their employment with a business. When this happens, employees carry both rights and responsibilities through the resignation (or dismissal) process. Below are answers to some of the most common questions we have seen come up in our time providing managed payroll solutions.

How much notice do I have to give my employer?

The amount of notice an employee is required to give when resigning from employment will depend on the specifications of their awardregistered agreement or employment contract. Your award, agreement or contract will also set out whether your employer is entitled to withhold money if you do not give the minimum notice period, so it is very important to research your award or agreement and carefully read everything set out in your employment contract before you sign it and begin your employment.

Australia’s National Employment Standards (NES) determine the minimum periods of notice for the different awards. If you do not know which award you are covered by, visit the Fair Work Ombudsman and enter your industry. If you’re covered by a registered agreement, check the terms of your agreement for information. To find a registered agreement, go to the Fair Work Commission website.

 

Am I entitled to have my sick pay paid out?

Sick and carer’s leave is not paid out when employment ends. However, employees can take sick leave or annual leave during their notice period. This might require evidence such as a doctor’s certificate or approval from the employer for annual leave. Employees are also entitled to receive a final pay. Final pay is what an employer owes an employee when their employment ends, and unless your award, agreement or contract states otherwise, this amount includes:

  • outstanding wages for hours they have worked, including penalty rates and allowances
  • any accumulated annual leave
  • annual leave loading, accrued  or pro rata long service leave, or redundancy pay, if any of these apply

 

More information about the probationary period and unfair dismissal can be read here.

 

I think I’ve been unfairly dismissed. What should I do about it?

The Fair Work Commission decides whether a dismissal is fair or not. If you think you’ve been unfairly dismissed, contact the Fair Work Commission within 21 days of your dismissal.

Dismissal is considered unfair if you are dismissed from your job in a harsh, unjust or unreasonable manner. Federal anti-discrimination laws prohibit employers from dismissing an employee or selecting them for redundancy on the basis of personal characteristics. However, before making a claim, employees should make themselves aware of workplace anti-bullying laws implemented earlier this year. More information about the new anti-bullying laws can be found here.

If you’re seeking further information and advice about resignation, dismissal, final notice, contact the Fair Work Commission on 1300 799 675 or visit https://www.fwc.gov.au/.

 

For a managed payroll service you can trust, contact i3Group now on 1300 725 647 and find out why our clients rely on us to keep their managed payroll services running smoothly and efficiently.

23 Oct, 14

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