Is 4 Weeks Notice Required

Sydneyswans on 16/03/2025 - 23:16

Hey guys I just came out of a job interview on Friday who set a start date of April 14. With one months notice the norm now you would think they would have given us candidates the minimum 4 week timeframe to get ourselves sorted out in our existing job roles? Should I be successful where would this leave me? My current role has a 4 week requirement for those leaving the organisation.

To be fair the hiring manager and department manager said they have NEVER ever hired outside of the company and this role was previously almost exclusively filled internally.

As for the interview I'm somewhat confident about my chances but viewing Richard McMunn's YouTube videos didn't do too much as most of their STAR interview questions were not even ones found on any typical list of questions you would find online.

Education & Work

Comments

  • CodeXD on 16/03/2025 - 23:19
    +21

    Is 4 Weeks Notice Required

    then

    My current role has a 4 week requirement for those leaving the organisation.

    You answered your own question

    • Darude Sandstorm on 18/03/2025 - 18:18
      -1

      Not really.
      There's no legal ramifications for not meeting notice period.
      Everyone cashes in sick leave or just doesn't come back.

  • Hybroid on 16/03/2025 - 23:21
    +17

    Part of the negotiation prior to contract signing is agreeing a start date, that you make sure aligns with requirements for leaving current company. Generally, you should not commence a new job while on your notice period, even though it's rarely enforceable. Most people also take a week or two break in between to refresh before embarking on an all-new career journey.

  • JIMB0 on 16/03/2025 - 23:26
    +9

    Start at the new company while you're on sick leave with the old company.

    • life is suffering on 16/03/2025 - 23:48

      Smart

      • morse on 17/03/2025 - 05:47
        -5

        Unless you get caught, in which case it’s fraud.

        Maybe personal leave instead, not claiming to be sick.

        • gromit on 18/03/2025 - 16:49

          not sure why you got marked down. It absolutely is fraud and many companies would actually sack you on the spot for this if caught as it puts them in an awkward legal position.

          • ColtNoir on 18/03/2025 - 17:29

            @gromit: Fraud and a breach of contract are different things.

            • gromit on 18/03/2025 - 17:31
              +2

              @ColtNoir: yes and in that example you have both. Fraud is obtaining financial advantage through deceit.

              • ColtNoir on 19/03/2025 - 16:28

                @gromit: Except you don’t. Civil and criminal issues are separate things. Personal leave is an entitled, abuse may lead to dismissal but it’s civil.
                Falsifying a doctors certificate on the other hand is criminal.

                • gromit on 19/03/2025 - 16:34

                  @ColtNoir: it would most likely only lead to dismissal, but by doing the suggested it has crossed the line into potentially being criminal. financial advantage by deception is fraud and it can most definitely can be argued you had no intention of working for your original employer and were taking money for those days fraudulently, especially if you also were not reporting in sick at your new job.

                  interestingly in my 2 decades at my current company I have seen this happen at least twice that I am aware of, both times resulted in instant sacking. One instance was his previous company called our managing director to alert them to the fact that he was still contracted and employed to them and if we continued to utilise his services they expected us to be paying them, he was no longer working with us less and an hour later. The second instance was discovered when the new employee was found to be helping out a customer from the previous employer, huge no no as we have strict rules about working with a customer without a contract due to liability, again by end of day he no longer had a job.

                  • ColtNoir on 19/03/2025 - 16:47

                    @gromit: I agree with you that it’s dishonest and to be clear I’m not advocating for it. However, crossing the line into criminal fraud when it’s an entitlement is where it would blur the lines and likely leave it as a civil matter.

                    The burden of proof is where it would be difficult. If OP or similar provides a doc note/stat dec then they’re effed.

            • morse on 18/03/2025 - 18:42

              @ColtNoir: Lying to derive a financial benefit is fraud. The terms of the contract are that you can use paid leave under certain conditions. The problem being that if you’re too sick for one job, theoretically you’d be to sick for the other, unless one was substantially different in duties. These things can usually be sorted with negotiation.

              • JIMB0 on 28/03/2025 - 10:34

                @morse: You could be on stress leave from the first job, yet still fit for the second job as it's not stressful.

        • Assburg on 19/03/2025 - 01:27
          +4

          Mental health days because having 2 jobs is really stressful.

  • SmiTTy on 16/03/2025 - 23:29
    +1

    Usually shouldn't be a problem. You can negotiate this as mentioned above if you are the successful candidate. This would be a reasonable request and hiring managers would usually prefer to have the best candidate start a little later than have the second best candidate start earlier.

    • Nugs on 17/03/2025 - 18:02
      +1

      Nor should they set precedent for leaving early…..
      .

  • life is suffering on 16/03/2025 - 23:47
    +1

    Definitely can negotiate with your current employer or unethical option would be create a HR issue and they will terminate you lol . Dont do this btw.

    Dont for the love of gawd tell your new employer where you got the new job at etc.

  • Mechz on 17/03/2025 - 00:06
    +2

    It really only matters if you want leave entitlements paid out. If you don't have much just give them less notice.

  • freefall101 on 17/03/2025 - 00:24
    +14

    You say, "I'm sorry, due to my notice period I can't start on the 14th". It's on you to know when your notice period ends and how much time you want between jobs. Agreeing to it would put you in a worse situation.

    If their company is going to fall apart because there's someone not in the role for a week or two, that's a pretty big red flag to me. It doesn't bode well for whenever you want to take a few weeks holiday.

    You can also ask your current employer if they can waive part of the notice period.

    • djkelly69 on 17/03/2025 - 07:31
      +3

      Did you actually read anything on the link you posted??

      The amount of notice that you need to give will be set out in the modern Award or Enterprise Agreement or employment contract that applies to your employment. If these documents are silent on your notice period you will need to give reasonable notice.

      And

      Most employers will also include a clause in the employment contract specifying the required notice period. This notice period will apply as long as it meets the minimum requirement in any applicable modern Award or Enterprise Agreement.

  • AustriaBargain on 17/03/2025 - 04:42

    They don't want to use your current employer as a referee and you're still confident you'll get this job?

    • Jake D on 17/03/2025 - 12:19
      +3

      I haven't used my current employer as a reference for 20 years. No-one has ever batted an eyelid.

      • AustriaBargain on 17/03/2025 - 13:59

        I guess everyone has an understanding that when you apply for a job, usually you're leaving your current job in the lurch. Their loss is their gain.

  • morse on 17/03/2025 - 05:49
    +1

    Wait until you get the job offer and then negotiate with both employers. If they are in the same industry chances are your current employer won’t want you hanging around for the full 4 weeks anyway. Or just point out to new employer they’d be starting you just before Easter and would be paying you for public holidays in your first week. Suggest starting after Easter and or ANZAC day.

  • joka on 17/03/2025 - 05:55
    +4

    Just tell your current employer you’ve jumped ship to a competitor, they’ll walk you out immediately.

    • barge-in hunter on 17/03/2025 - 13:12
      +2

      Not suggesting this is morally correct, but I have seen someone refuse to tell their employer where they're going (implying that it could be a competitor).

      "Oh no, sorry I can't tell you that"…
      <walked out the door 10 minutes later>

      • JIMB0 on 17/03/2025 - 13:23
        +3

        A lot of people don't tell their current employer where they're going.

  • JimmyF on 17/03/2025 - 09:15

    Should I be successful where would this leave me?

    You say you have a 4 week notice period, so can start 4 weeks after accepting and signing the offer.

  • overthinking on 17/03/2025 - 09:43

    a) read your contract with your current org

    "My current role has a 4 week requirement for those leaving the organisation." this may not be entirely true.

    b) you're worrying about something when you don't even have an offer

    • jjjaar on 17/03/2025 - 10:26
      +1

      re b) your username does not check out. You should be encouraging the worrying.

  • Duckie2hh on 17/03/2025 - 09:52

    My mate had a 6 months notice to leave clause due to their special job….. Suffice to say, the employer waived that when it came down to crunch time.

    • jv on 17/03/2025 - 10:53

      due to their special job…..

      how special?

  • AdosHouse on 17/03/2025 - 10:28

    I don't see what the problem here is? New job asked OP to start 4 weeks and 2 days from Friday. OP has to give 4 weeks notice at current job. Am I missing something here?

    • Jake D on 17/03/2025 - 12:20
      +1

      Nah, they haven't received an offer yet, just interviewed. By the time an offer comes, it will likely be less than 4 weeks.

  • 01011010 on 17/03/2025 - 10:50
    +1

    Give 4 weeks notice today and you finish on the 11th April - then start the new job on the 14th april?

    oh you don't have an offer yet. When you get the offer, negotiate the start date.

  • jv on 17/03/2025 - 10:52

    @Sydneyswans

    Is this for the new Sydney Swans coaching job?

    • Sydneyswans on 17/03/2025 - 11:03

      I think I would do a better job than Cox but in all seriousness similar role same industry

  • Muppet Detector on 17/03/2025 - 13:09
    +4

    Be upfront and honest with both employers.

    If you tell your new employer you want to stick by your contract and do the right thing because they would want you to treat them the same way if that situation ever arose, they should understand

    If not aand they are willing to let you screw over your past employer (and potentially yourself), it doesn't bode well for how they will treat you.

    As for your old employer, you want to do the right thing by them, you never know when you may need them again or want something from them or others who work there.

    Not good to burn your bridges if you can help it.

    • barge-in hunter on 17/03/2025 - 13:14
      +1

      Username checks out. Solid advice.

  • Wiadro on 17/03/2025 - 13:28

    the NES applies

  • Drakesy on 17/03/2025 - 14:54

    Generally its at the discretion of the employer, they can finish you up earlier and pay you out the 4 weeks but in short yes.

  • gromit on 18/03/2025 - 15:36

    first, never ever ever assume the job is yours till you have an offer in hand. Many organisations will give multiple people the impression that they are going to get the job as it gives them multiple options should the first or second person turn the offer down. You should have informed them when they told you the start date that you are obligated to provide 4 weeks notice to your current employer which you obviously would not do until they provide a job offer.

  • Powershopz on 18/03/2025 - 16:20

    You haven't even got an offer yet. Don't count your chickens before they hatch.

    Did you ask what the next stage in the process would be and when they would make a decision?

    Their start date is their problem and if they wanted a candidate to start by then. You still need to get an offer and either accept it or negotiate on compensation package. Then get all the signed paperwork sorted before giving notice at your current job.

    If you do intend to give less notice than what is in your stipulated contract - the company may try to (illegally) withhold payouts. Depends on the company - they may be ok with you finishing up earlier if there is sufficient handover/backfill.

  • Muppet Detector on 18/03/2025 - 17:05

    When you get offered this new job, if your start date is under the four weeks notice you're required to give, consider having a conversation with your current employer.

    It could be that once they know you're wanting to leave they won't mind if you finish up earlier.

    Once I knew an employee of mine was wanting to leave, I'd be looking to let them go as soon as I legally and feasibly could. It would be in my best interest to have you leave on a positive note so that you hopefully leave with a favourable impression so as to limit any negative experiences you may have encountered during your employment that you would share with others including competitors and the general public.

    Of course, not all employees are the same, personally, when I leave a job, I give 150% effort for my remaining period of employment because that is what they're going to remember about you.

    Your performance, actions and attitude during your notice period could undo everything you achieved whilst working there or significantly rewrite their memory of a mediocre period of employment.

    Most people start out strong in a new job and some settle into a happy medium, performing when required and cruising when possible, but even if you are a sensational performer who kicks all the goals throughout their entire period of employment, that will be quickly forgotten if you slack off in your final weeks or do dodgy stuff as a final FU to a horrid employer - those are what you will be remembered by.

    Similarly, if your period of employment wasn't filled with awe inspiring performance and achievement, you could turn around your reputation with that employer by giving it every thing you've got in those final weeks because they're what you'll be remembered by.

    For this reason, I'd be tempted to completely embrace the entire four week notice period and take the opportunity to leave a highly positive impression on your employer and coworkers.

    However, as an employer, if faced with an employee who had indicated they were leaving in four weeks, I'd have to evaluate the likelihood of that employee having a negative impact on my business and any other employees they were in contact with.

    I'd evaluate if that employee could cause harm either directly (on equipment or other resources through damage, theft, erasure or other interference) or indirectly (such as poaching other staff or customers or performing below standard to outright bad mouthing aspects of my business to other employees, peers or customers).

    Of course, whatever attitude is ultimately anticipated will depend a lot on how you have carried yourself during your employment or something as arbitrary as how others have behaved in the past.

    In summary, have a conversation with your employer, they will likely understand your need for a shorter notice period and if possible (not need you to train someone new, wait for position to be filled, finish current project etc) be amenable to you leaving as soon as practicable.

    Three lessons about employment I have always remembered:

    1: You will be remembered by how you finish up.
    2. Be nice to everyone you pass on your way up because you will likely meet them again on your way down, and
    3. Train everybody. I was once asked why I bothered to train employees who were either short term or likely to leave, especially reasonably quickly (such as seasonal employees). I said "what happens if I don't train them and they decide to stay"?

  • ColtNoir on 18/03/2025 - 17:30

    Have you received an offer? During the interview they should ask when you can start, which you should reply 4 weeks from signing the contract.

    Start dates should be negotiable. This new job might be a red flag based on them not knowing how to recruit.

    • Sydneyswans on 26/03/2025 - 13:35

      Update yes police check and background check are in process and references all checked out so waiting on the contact.

      • ColtNoir on 27/03/2025 - 08:31

        If you haven’t received and signed the contract, they can hardly give you a start date.

        When I joined CBA, I told them 4 weeks from signing my contract, so they just added a couple days buffer and we agreed on a particular day.

  • RolandWaites on 18/03/2025 - 17:35

    OP, just tell your employer you intend for your last date to be [date] regardless of whether or not that is before the four weeks. If it is an issue, they will let you know. In all likelihood they will be fine with it.

    • Sydneyswans on 26/03/2025 - 17:38

      They're short staffed but I got the offer today for April 14 starting.

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