NSW Notice Period Change During COVID

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questioneer

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6 March 2021
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I'd like to start with the background of my situation:

- I am a full time, regular employee of a small company
- I've had to take 2 months off to take care of family (January - February 2021)
- Upon my return I was told that due to COVID work has been slow and they can only allow me a few days a week to work, at least for the next two months
- The situation for my colleagues has not changed at all, and prior to me taking a break, I was doing a lot of unpaid overtime so the idea that there isn't work does not seem true. However, this does not affect me - for this question I am seeking help regarding another legal item
- I've decided that the change my employer has made to my employment work details (3 days a week) won't work for me and so I now wish to resign. Staying any longer in the company is presently not an option I intend on taking, even if it means I'll be unemployed for the next few months

Phew. That was harder to type that I thought. Unto my main question:

My contract states that I need to render 4-weeks notice period when resigning. Is it possible for me to get into a situation or agreement where I will not need to render those 4 weeks notice period? I imagine the 4-weeks will be 4 three-day work weeks as well.

The reason I ask is that the company claims it cannot give me enough work, so me enforcing the need for 4 weeks paid notice seems to be much, and I am okay not to put them through that. Even if that is not the case and they just wish to get rid of me, my question remains the same as I also do not wish to stay a day longer that I should. At the same time, I do not want to render 4-weeks notice with just 3 days a week work each week; I will be better off working at even a temporary but 5-day work week job. COVID does not seem to be an issue with finding some better-than-3-days work, at least very fortunately not in my case. What are my options?
 
Last edited:

Rod

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27 May 2014
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Looks like repudiation by your employer of your contract.

Get the wording right in your notice and you won't need to give 4 weeks notice.