Asking for a guy at work
He has been at the company for just over 7 years
He gave his notice which was 4 weeks (requited by law). He just finished 2 of the 4 weeks but at then end of the 2nd week (he works a 4 day week Mon-Thurs) the company have said he doesnt need to come back.
Does the company need to pay him the additional two weeks he would have needed to work. Its the compnay decision to terminate him not not him. Mind you hes happy he doesnt need to come in
Cheers
As he had been there for 7 years the fair work website says he needed to give 4 weeks notice. He did not agree to end the company did
Garden leave is a thing. They can tell him no need to work the last 2 weeks but of course will still pay him as if he did work it. Absolutely perfectly normal.
Pls note:
THIS IS NONE OF OP'S BUSINESS!
Its an invasion of privacy on OP's part and the agreement between the 2 parties is STRICKLY CONFIDENTIAL!
OP only need worry about such affairs when its their time to leave.
And with OP sticking thier nose in other people's business, they might be the next one to leave and it wont be OP's decision either!
Think we've found someone from management.
Correct.
The employer can't pay you less than the 4 weeks pay if it is your choice to stay for the 4 weeks notice period. So if they show you the door and escort you out as soon as you hand them that resignation, they've got to pay you for the period they haven't allowed you to work.
But if you want to go earlier than the end of the resignation period, and they want you to and you agree, then they can stop paying you the minute you stop working for them.
Both parties did not agree. The company told him to leave and not come back. He was happy to work the two weeks.
The company told he him not to come back. He did not agree he had no choice
Dude, just quit right there. Hopefully the negs are a giveaway that your advice although well meaning, is just plain wrong.
Notice is according to his employment contract/agreement, executed back when he was appointed.
Our company in the contracts do not state any notice pediod. He went off what fair work said on the website.. Over 4 years of employment 4 weeks must be given
That’s from the employer side if they dismiss you. It’s different if you decide to leave.
If they want him to finish up early, they still need to pay out the remainder of the notice period.
Ask him if he is getting paid?
I was in a similar circumstance to your work-mate a number of years ago, the employer didn't want me back after 2 weeks into my 4 weeks notice (Which I was more than happy to oblige by). They paid me the 4 weeks, as they're legally required to do so.
Been in the same case. Company needs to pay the full 4 weeks. Its illegal not too. DYOR.
It's often cheaper for the employer to pay out the notice period and get the employee off the premises. A disgruntled employee can do a lot of damage in a few weeks.
its up to the company
they can pay you out the 4wks just to get rid of you
They need to pay the full 4 weeks. Whether he has to attend work is up to the employer
The correct resource is Resignation and Notice An employee choosing to resign is different to an employer imposing termination.
Years ago, I gave an employer 6 weeks notice. I was told to pack my shit that day and leave. Packed my shit and left that day, they paid me out the 6 weeks.
You (your friend) is entitled the standard 4 weeks pay if they decide to finish you (your friend). He (you)gave 4 weeks as required, if the decided to finish you (your friend) early that’s their decision regardless. Many companies will elect to finish you (your friend) early since they can be quite destructive to the employer in that time.
The employer needs to pay the employee the full 4 weeks if they decide to let them go early .
In most instances where this happens the employer decides it’s better to do that than perhaps have a non performing person who could have a negative influence on others etc .
Get your friend to call Fair Work Commission to discuss the matter and to have copy of their contract and any letter give by the company.
We are unlikely to hear the entire story and facts and really anything anyone says here won't help them.
Also if your friend want to claim unfair dismissal there is time limit. Even if it isn't unfair dismissal your friend need to talk to Fair Work Commission to try and recover the potential under payment.
"Employees need to apply to the Commission within 21 days of the dismissal taking effect. The 21 day period starts the day after the dismissal."
Absolutely this. Call them. They will ask for details and you never know what might come up. I called to ask a simple question about a three hour minimum as a casual and after they asked me a few questions they realised I was on the wrong award and owed quite a bit of money.
Always worth calling. It’s free advice.
FWC don't provide general advice on workplace matters nor help with underpayments. They can provide some limited information on which form to fill in etc.
It's the FWO that may be able to provide some advice on payment though not so much specifically on employment contracts.
Nothing the Op has said looks remotely like an unfair dismissal, just a very standard case of an employer not requiring the employee to work all their notice period and instead having to pay the additional 2 weeks.
Employee can give more notice than what is outlined in their contract, award or EBA but if the employer does not want the employee to work the whole notice period, they need to reach a mutual agreement with the employee to the shorter notice.
The employer cannot substitute the notice period by employee for a shorter one, even if it’s according to the award or contract.
If the employer does shorten the notice period without mutual agreement then this is equivalent to the employer terminating the contract and enables the employee to claim unfair dismissal.
Basically, if the employer doesnt pay them for the 4 weeks then the employee can claim unfair dismissal. So they should contact them and inform them of that and if the employer is smart they will pay up
Depending on what the minimum notice period is (this will differ based on age and industry) - yes they would likely need to pay him (Fairwork would indicate at least 4 weeks in this case) for the remaining time of the minimum notice period (unless both parties agree to end it sooner).