Working out a notice period

Working out a notice period

An employee must give notice to their employer of their intention to end their employment and the period of that notice must be in accordance with the relevant award or their employment agreement.

But what if one of your employees leaves without giving you the required period of notice?

If this happens, as an employer you’re entitled to withhold from the employee an amount not exceeding the full rate of pay relating to the period of notice not served.

But a word of warning. Be careful that there’s no uncertainty about the employee’s failure to provide the required notice. For example, you may agree with an employee to end the employment relationship without any requirement to serve notice. If this is the case, you cannot withhold monies from the employee for failure to provide notice.

To avoid any doubt, it’s good practice to inform the employee that you expect them to work out their required notice period.

If you’re in any doubt, call the REEF Helpline on 1300 616 170 for guidance.

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About REEF

The Real Estate Employer’s Federation is the real estate industry’s leading not-for-profit employer and workplace relations advisory association. It has 1500 members and subscribers across Australia.

Each year, REEF receives more than 15,000 calls from real estate employers needing help and guidance on matters affecting the employment relationship.

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