8 November Working out a notice period November 8, 2017 By Reef Admin Leave provisions 0 An employee must give notice to their employer of their intention to end their employment and the period of that notice must be in accordance with the relevant award or their employment agreement. But what if one of your employees leaves without giving you the required period of notice? If this happens, as an employer you’re entitled to withhold from the employee an amount not exceeding the full rate of pay relating to the period of notice not served. But a word of warning. Be careful that there’s no uncertainty about the employee’s failure to provide the required notice. For example, you may agree with an employee to end the employment relationship without any requirement to serve notice. If this is the case, you cannot withhold monies from the employee for failure to provide notice. To avoid any doubt, it’s good practice to inform the employee that you expect them to work out their required notice period. If you’re in any doubt, call the REEF Helpline on 1300 616 170 for guidance. Related Is there a minimum notice period for casual employees? Most employers know that there is a minimum notice period that must be given when terminating a full-time or part-time employee. But what about a casual employee? Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Notice of REEF's 51st Annual General Meeting Notice is hereby given to financial members of REEF that the 51st Annual General Meeting of the organisation will be held on Thursday, 22 February 2018. Notice of 50th Annual General Meeting Notice is hereby given to financial members of REEF that the 50th Annual General Meeting of the organisation will be held on 27 April 2017. Probation completed: Can an employee claim unfair dismissal? Members are often confused about whether an employee is eligible to claim unfair dismissal if they are terminated following the completion of the agreed probation period. Taking a pregnant pause: Unlawful termination due to pregnancy A recent court decision found that a real estate agency unlawfully terminated an employee on the final day of her probation period because she was pregnant and had taken personal and annual leave. Comments are closed.