Firing and Hiring – notice and final pay
Most employers and employees find it really hard to discuss wages and conditions with each other. Employers often are paying as much as their business can afford and employees can feel like their bosses are not appreciating them and their wages reflect that. One of the questions we get asked in and around the issue of firing and hiring is the notice and final pay.
How to give notice
When your employment ends or if you are the one firing the employee the notice must be in writing and it must be given at least on the last day of work.
Employers giving notice is often no problem because the worker is generally at work to receive the notice. But if you are trying to give notice to an employee who is not actually at work? An employer can give notice to an employee by:
- delivering it personally;
- leaving at the last known address;
- sending it by pre-paid post to the last address.
Employees don’t need to provide notice in writing when resigning it is okay to just verbally tell your boss or employer that you resign.
If you do not want your employee to work out the notice period, you can pay the employee out their notice period which is called “pay in lieu of notice”. This amount must equal the full amount the employee would have received if they had worked out their notice period this includes any employee on probation. This includes:
- incentive-based payments and bonuses;
- monetary allowances;
- penalty rates; and
- any other separately identifiable amounts.
If the termination is due to serious misconduct then there are different rules on termination notice, but the usual payments such as annual leave, outstanding payments and long service leave still need to be paid.
Sources from Fair Work Ombudsman
The information in this document, broadcast or communication is provided for general guidance only. It is not legal advice, and should not be used as a substitute for consultation with professional legal or other advisors. No warranty is given to the correctness of the information contained in this document, broadcast or communication or its suitability for use by you. To the fullest extent permitted by law, no liability is accepted by the publisher for any statement or opinion, or for an error or omission or for any loss or damage suffered as a result of reliance on or use by any person of any material in the document, broadcast or communication.
You might also like
Are you employing on a Commission Only Basis? Think about whether you are breaching the Fair Work ActAre you employing on a Commission Only Basis? Think about whether you are breaching the Fair Work Act https://mjtlaw.com.au/wp-content/uploads/2017/02/commission-only-employees-1024x682.jpg 1024 682 MJT Law - Brisbane Employment Lawyers MJT Law - Brisbane Employment Lawyers https://mjtlaw.com.au/wp-content/uploads/2017/02/commission-only-employees-1024x682.jpg
Unfair Dismissal – how to calculate damagesUnfair Dismissal – how to calculate damages https://mjtlaw.com.au/wp-content/uploads/2017/01/credit-card-1583534_1280-1024x682.jpg 1024 682 MJT Law - Brisbane Employment Lawyers MJT Law - Brisbane Employment Lawyers https://mjtlaw.com.au/wp-content/uploads/2017/01/credit-card-1583534_1280-1024x682.jpg
Casual Employees – can be protected by unfair dismissal legislationCasual Employees – can be protected by unfair dismissal legislation https://mjtlaw.com.au/wp-content/uploads/2016/09/terminating-casual-worker-1024x683.jpg 1024 683 MJT Law - Brisbane Employment Lawyers MJT Law - Brisbane Employment Lawyers https://mjtlaw.com.au/wp-content/uploads/2016/09/terminating-casual-worker-1024x683.jpg