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## New Employment Situation and Notice Periods

I have recently started a new job and am currently on a 6-month probation period. The employment contract specifies that employees working for 12 months or less must give 4 weeks’ notice when resigning, while the employer is only required to provide 2 weeks’ notice when terminating the employee. However, there is no mention of the notice period for employees leaving during the probation period.

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The situation I am in is causing uncertainty as I am not planning to stay at this job for various reasons, but I am unsure if I am bound by the 4-week notice period stated in the contract. This seems excessive considering I have only been at the company for 5 to 6 weeks. Does anyone have any insight or suggestions on where else I can seek advice or clarification on this matter?

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10 Comments

  • Money_killer

    Yeh probation applies to both parties many forget that. If the workplace doesn’t meet your requirement it’s a cya later on the spot.

    Notice periods in probation is laughable.

  • HallettCove5158

    If your within probation youÔÇÖll probably be able to leave either same day or at the most two weeks. I gave notice once at SAPOL, of all places !!!, after just four weeks. Served two weeks notice and I was gone.

  • PVCPuss

    I felt 1 week was plenty and my understanding of probation period was either party can withdraw without a notice period unless you are being nice about it. I wanted to see if that seemed reasonable and losing a few days of annual leave is a small price to pay to move forward. Thanks everyone

  • IllustriousPeace6553

    Just go if you want. I wouldnt even give a place like that a days notice. 4 weeks wont hold up and they cant sue you when you only worked a short time and they know how little they paid you. Not worth it.

  • ne3k0

    How much leave do you have? You can quit of course but they may try and withhold your leave. But they may not

  • Knight_Day23

    If you are within 6 months probation and opt to leave, notice should be one week. Same if they choose to let you go.

  • throbbins

    Legit tho. Can you just leave any job on the spot? Like if u hate it. What do they even have on you? I get paid out all holidays each year so id have to leave in december to lose my 4 weeks holiday pay.

  • the_doesnot

    https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-and-notice

    The minimum for you would be one week and they should not be withholding any annual leave.

  • Electrical_Age_7483

    In reality theyll just withhold your annual leave pay

  • Andrew_Higginbottom

    Give them one pay cycle and go. If your paid weekly, one weeks notice, paid fortnightly give them a fortnights notice. Doing this and if they try any bullshit, you were seen to be fair.

    If your on probation, and you give them notice, I wouldn’t be surprised if they tell you to pack your stuff up on the spot ..out of petty revenge. If they do, big grin time ..because they gave you what you wanted anyway 😀