NSW Work Out Notice Period for Employer?

[Joseph J]

Hello,

I have been working in a consulting firm since August 2015 and is planning to resign shortly to be a full-time independent consultant. I am unable to work-out the notice period I need to provide to my employer as it is not clearly mentioned in my offer (mentioned below).

Termination of Working Relationship

With Notice

At any time during your employment, other than during the probationary period, either you or the Company may end your employment by giving the statutory minimum period of notice, in accordance with commonwealth legislation. At the Company’s option, the Company may pay you in lieu of notice or provide you with notice for part of the period and pay you in lieu of notice for the rest of the period.

If notice is given by the Company to terminate your employment, the Company may:
- direct you not to perform any duties for part or all of the notice period;
- require you to remain away from the Company’s premises; and/or
- change your title.

If you resign, the Company may or may not require you to work out your period of notice. In this situation, the Company will discuss with you a suitable leaving date and any notice that may be required to be worked out.

Found after a search in internet, that the notice is based on my tenure with the employer. In this case between 1 year and 3 years, hence need only 2 weeks notice. Not sure if this is correct under employment law.

Could you please assist?

Thanks.

Best Regards,

 

[Sophea]

That is the time period prescribed in the National Employment Standards, so unless your contract provides a different notice period, I imagine 2 weeks notice would apply.

 

[Matthew Lynch]

Whilst employers have a statutory minimum period of notice, there is no statutory period of notice for employees to provide.

I do not think you are obligated to provide notice. The contract is drafted poorly.