When an employee decides to leave their job, they are expected to give their employer a formal notice of their intention to resign. In Australia, the standard notice period is two weeks. Failing to provide the required notice can have serious consequences and it is important to understand what these are in order to protect your rights and interests.
Consequences of Not Giving Notice
One of the most immediate consequences of not giving notice is that the employee may be denied their final pay and any other benefits they are due. This can include holiday pay and superannuation. Leaving without notice can also damage an employee’s reputation and make it harder for them to find work in the future.
In some cases, an employer may seek to recover the costs associated with hiring a replacement for the employee who left without notice. This could include the costs of recruiting and training a new employee.
Australian Employment Law
In Australia, the Fair Work Act sets out the minimum notice periods that must be given by employees who are resigning. Generally speaking, employees must give two weeks’ notice, although if their employment contract states a longer period then this must be adhered to.
Employers should always respond to a resignation by providing the employee with a letter of termination and a final pay slip, as well as any other entitlements such as holiday pay, superannuation and unused leave.
It is important to remember that failing to give the required notice of resignation can have serious consequences. Employees should always be aware of their rights and obligations under the Fair Work Act, and should ensure they give their employer the required notice before they leave their job.
Leaving a job without giving proper notice, either verbally or in writing, is a common dilemma for many workers. When deciding to quit, employees may be tempted to leave without warning. If, however, a worker fails to give the required two-week notice in Australia, there can be a range of consequences ranging from financial and legal to job references.
Legally speaking, it may be necessary to honor the two-week notice requirement depending on the employee’s contract. Job agreements signed through the National Employment Standards or an Enterprise Agreement will usually include an obligation to give formal notice. However, individual contracts that specify a specific period of notice or payment in lieu of notice will be legally binding. If such a contract exists, then the employer may pursue legal action for breach of contract.
It is important to be aware of the financial repercussions of not providing the required notice. Depending on the company, a worker could be denied all or part of their accrued entitlements such as annual leave and long-service leave. Furthermore, any salary or entitlements due on termination may be withheld until the notice period is complete.
In some cases, a poor job reference could result from neglecting to give the required notice. Workers should bear in mind that managers may be less likely to provide a positive reference if they feel that they have been wronged. A solid job reference is an important tool in obtaining future employment and this could be hindered as a result of failing to adhere to the two-week notice requirement.
In short, there can be serious repercussions of not giving two weeks notice in Australia. Although giving formal notice may not be convenient, it is recommended to ensure that accrued entitlements are received, legal consequences avoided and that future job prospects remain strong.
