Can you be dismissed while serving notice?

Can you be dismissed while serving notice?

Can I resign before or during a disciplinary process? Yes, you can. You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.

Does notice period count towards length of service?

Where an employee is dismissed with a payment in lieu of notice, to calculate their length of service for the purposes of statutory redundancy pay, the employer should add on the minimum statutory notice period to the employee’s service as at the date on which the employment ends.

Do you legally have to work notice?

If you’ve been in your job for less than a month, you don’t have to give notice unless the contract or terms and conditions require you to. If you’ve been in your job for more than 1 month, you must give at least 1 week’s notice. It’s best to resign in writing, so there’s no argument about when you did it.

Do you have to give notice of resignation under Fair Work Act?

Under the Fair Work Act an award and agreement free employee doesn’t have to give notice to their employer before resigning. However, they may need to give their employer notice under their employment contract.

How does Fair Work Act deal with stand down?

See Fair Work Act s.526 The Commission may deal with a dispute in relation to stand downs on application by an employee, or an employee organisation that is entitled to represent the industrial interests of an employee:

What does Section 202 of the Fair Work Act require?

2.67 Section 202 of the Fair Work Act requires that every enterprise agreement must include a ‘flexibility term’, allowing the employer and the employee to make a specific ‘individual flexibility arrangement’ (IFA) that would vary the effect of the enterprise agreement to account for the employee’s particular circumstances.

When was the Fair Work Act last modified?

Last modified on 26 September, 2012. 2.43 The Fair Work Act is one of the key Commonwealth statutes governing the employment of mature age workers. It provides for terms and conditions of employment and sets out the rights and responsibilities of employees, employers and employee organisations in relation to that employment.

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