Termination and notice periods

Q. I am planning the termination of a staff member who is currently on probation. The notice period is one week. Can I tell the employee not to return to the workplace for the notice period, and do I have to pay for the week considering the employee won’t be working it out?

A: Yes for both questions. While an employer who terminates an employee is able to advise the employee that they are not required to work out the notice period, the employer also has an obligation to pay the employee in lieu of working the notice period out. The payment in lieu must equal the full amount the employee would have been paid if they worked until the end of the notice period.

For help with questions like these and others did you know we have a HR advice membership? For any organisation which signs on for the Industryus HR advice membership, we are offering our complimentary HR Health Check which enables business leaders to understand where compliance gaps and risks are within their organisation.

For more detailed information on termination and notice periods or on information on how to subscribe to the Industryus HR advice line, please contact 07 5655 4047 or visit our website for more info.

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