Resignation ?

fordel · 22-11-2007, 11:50 AM

When someone has handed in their notice to resign from their work, can their immediate manager threaten to tear that up and put through a termination of employment instead ?

Just wondering about this.

irlewy86 · 22-11-2007, 11:54 AM

Depends, where they employed under an AWA or the old defunct Fedral/State award

fordel · 22-11-2007, 12:01 PM

The company has its own EBA, that doesnt have anything to do with the AWA's

Sourbastard · 22-11-2007, 12:07 PM

Once notice has been served of resignation, I dont think you can then ignore it then terminate someone. Someone playing retarded games at floptus/Shlongtel chris?

fordel · 22-11-2007, 12:12 PM

Oh they sure are Dave.

Handed in Notice monday, and my immediate manager is coming down on me telling me that he will rip it up and do the termination thing if i slack off at work.... diddnt help that i am crook today i guess but still not the best.

Walkinshaw · 22-11-2007, 12:14 PM

Sounds like your line manager suffers from Little Man Syndrome

Sourbastard · 22-11-2007, 12:16 PM

Quote:

Originally Posted by fordel

Oh they sure are Dave.

Handed in Notice monday, and my immediate manager is coming down on me telling me that he will rip it up and do the termination thing if i slack off at work.... diddnt help that i am crook today i guess but still not the best.

Best advice I can give you is ring the workplace ombudsman http://www.wo.gov.au/asp/index.asp and find out your rights now. Dont listen to us, we are idiots and not experts.

fordel · 22-11-2007, 12:26 PM

Cheers Dave, I wouldnt say you are idiots !

Sourbastard · 22-11-2007, 12:32 PM

Quote:

Originally Posted by fordel

Cheers Dave, I wouldnt say you are idiots !

Only an idiot would say that.

fordel · 22-11-2007, 12:40 PM

I never said i wasn't an idiot though ;)

Sourbastard · 22-11-2007, 12:45 PM

Quote:

Originally Posted by fordel

I never said i wasn't an idiot though ;)

LOL. Hope you get some help chris. If not from the workplace ombudsman, atleast from a qualified mental health specialist :P

Good luck.

Found a new job I assume?

rick'o · 22-11-2007, 12:56 PM

Tomorrow, on your return to work, I would go and visit him, suggesting that his threats were in fact illegal, and if he continues to threaten you this way you will take further action against him directly for harrassment....and notify his manager as well.

He has no fn idea and is obviously a ****ant.

Duke · 22-11-2007, 01:11 PM

I would make sure I had a medical certificate for any time off taken during your notice period.
Termination of employment can be made during your notice period but as far as I'm aware, only for instantly dismissable offences or if not an instant dismissal offence then appropriate discussions and warnings should have taken place.

I'd imagine this alters from place to place but if your ARE dismissed during your notice period, the company is liable for further termination payouts or at least they are obligated to pay you to the end of your notice period.

As a manager for a number of years my experience has been that heirachy doesn't like terminations through resignation periods, it's messy, creates unnecessary paperwork and explanations and it's far better to let the employee simply fade out.

No doubt others will have different views but this is my experience.

fordel · 22-11-2007, 01:13 PM

Quote:

Originally Posted by sourbastard

LOL. Hope you get some help chris. If not from the workplace ombudsman, atleast from a qualified mental health specialist :P

Good luck.

Found a new job I assume?

hehe cheers, i think im beyond help from a health specialist already, 4 years in one place that was hard lol

Yeah i have a new role still similar stuff, IT Helpdesk, but internal customers with Harris Scarfes, a lot more opportunity to learn other things there so its worth a change.

fordel · 22-11-2007, 01:25 PM

Quote:

Originally Posted by Duke

I would make sure I had a medical certificate for any time off taken during your notice period.
Termination of employment can be made during your notice period but as far as I'm aware, only for instantly dismissable offences or if not an instant dismissal offence then appropriate discussions and warnings should have taken place.

I'd imagine this alters from place to place but if your ARE dismissed during your notice period, the company is liable for further termination payouts or at least they are obligated to pay you to the end of your notice period.

As a manager for a number of years my experience has been that heirachy doesn't like terminations through resignation periods, it's messy, creates unnecessary paperwork and explanations and it's far better to let the employee simply fade out.

No doubt others will have different views but this is my experience.

Yeah I am going to the docs this arvo. been feeling crook since yesterday, even though my manager doesnt believe it.

Thanks for that, i would have thought as well that it would be easier to just let the person go rather then going through all that hassle.

Its not to much of a huge deal, he just didnt like the fact i have slipped in a couple areas, which i didnt know about, and as a manager thought he should have at least told me about.

5 more days and im done there anyway which is good... Though to be honest, id happily leave right now i think.

Sourbastard · 22-11-2007, 01:27 PM

Quote:

Originally Posted by fordel

hehe cheers, i think im beyond help from a health specialist already, 4 years in one place that was hard lol

Yeah i have a new role still similar stuff, IT Helpdesk, but internal customers with Harris Scarfes, a lot more opportunity to learn other things there so its worth a change.

Harris Scarfes ay? They have computers now? Last time I was in there it was just like the real life version of "are you being served?"

I say Mr Fordel, are you free??

fordel · 22-11-2007, 01:31 PM

lol !

Yeah they have computers now hehe

It should be a good change from where i am, something new to learn which will be good

Tribal · 22-11-2007, 03:14 PM

Well done on making the move... just do what you have been doing - not much more they can do to you now.

Quote:

Originally Posted by Mrs. Slocombe

- The central heating broke down and I had to hold my pussy in front of it. It was frozen solid

Sorry couldn't help myself....

fordel · 22-11-2007, 05:13 PM

Quote:

Originally Posted by Tribal

Well done on making the move... just do what you have been doing - not much more they can do to you now.

Sorry couldn't help myself....

Cheers

Yeah I thought it was about time for a change after 4 years, big step for me as im so used to my job.

Thats it not much more they can do now really, ill just do my job and be done with it and ignore my boss i think !

LOL at the quote ;)

Richo72 · 22-11-2007, 05:19 PM

Check to see whether Termination = a bone fide redundancy, why the termination? Does the role suddenly no longer exist? If that's the excuse a redundancy could be on the cards

4 weeks + 2 weeks for every year of service (typically) would be a suitable self inflicted backhander by your boss...

fordel · 22-11-2007, 07:09 PM

Nah role still exists im just 1 of many plebs in that role..

montyv8 · 23-11-2007, 01:28 AM

ever seen 'Office Space'? just go mega slack, things will work out nicely :hihi:

failing that, go postal. Or, for a fee, I can do that for you ;)

:

Big Mike · 23-11-2007, 01:45 AM

Shlongtell-Floptus hey, kinda exactly like Hellstra. Where if someone hands in their notice, they are marched out of the building IMMEDIATELY. No soppy "Its time to go" emails or goodbyes, 1up manager (no, they're Team Leaders and thats it) will clear your desk, or instruct another peasant to do so, and you can collect whatever they deem releasable from the security desk on a given date.

I'm all in favour of going postal. But I can't understand why they'd shut off the rooftop access?

fordel · 23-11-2007, 01:57 AM

Quote:

Originally Posted by montyv8

ever seen 'Office Space'? just go mega slack, things will work out nicely :hihi:

failing that, go postal. Or, for a fee, I can do that for you ;)

:

Now thats a good plan, i think i might just have to do that haha

haha thanks ill keep that in mind ;)

Quote:

Originally Posted by Big Mike

Shlongtell-Floptus hey, kinda exactly like Hellstra. Where if someone hands in their notice, they are marched out of the building IMMEDIATELY. No soppy "Its time to go" emails or goodbyes, 1up manager (no, they're Team Leaders and thats it) will clear your desk, or instruct another peasant to do so, and you can collect whatever they deem releasable from the security desk on a given date.

I'm all in favour of going postal. But I can't understand why they'd shut off the rooftop access?

Yeah ill be cleaning my desk/locker out tomorrow i think.. then it doesnt matter anymore to me..

At least i get a few days to finish up, though im half tempted to leave on the weekend and have a nice long weeks break before my new job starts.

Duke · 23-11-2007, 08:02 AM

AFAIK, if you leave they don't have to pay you from that point onwards. Who cares what they do to you, smile back at them, knwoing that you're leaving and going to have a better life and job.
Don't let them get the best of you, it's really not worth it. Work out your time and go at the end... it'll pass soon enough.

DBourne · 23-11-2007, 09:15 AM

Quote:

you may beat the swear filter but you wont beat minge

im in tears, i can see why my post was removed so no worries there, and i know minge refers to your username, but im in tears of laughter cos the word i used is slang for minge.

ahh its a friday and im delerious

Ringo · 25-11-2007, 05:21 PM

I'm in the same boat...after a hell year with many changes that have effectively demoted me (despite being given performance bonuses ?!?!) I went out and agot another job, a better job, with 6% more pay and better bonus's....but with the opposition.

I gave them the letter on Tuesday morning and they were in discussion all morning as to whether they were going to walk me or not...they didn't unfortunately so no 1 month termination payout...damn.

Still only working for 2 weeks and only working at 50% capacity at that....don't worry no-one will notice....they haven't for the last 6 months.

Onwards and upwards my friend and the greatest revenge is success !

StorminaTcup · 26-11-2007, 12:52 PM

They cannot terminate you, unless you do something drastically worthy of termination. They must pay you up to the last day of work stated in the resignation letter, even if they say they want to finish you up earlier.

normxb · 26-11-2007, 03:48 PM

Quote:

Originally Posted by REDXR8CHICK

They cannot terminate you, unless you do something drastically worthy of termination. They must pay you up to the last day of work stated in the resignation letter, even if they say they want to finish you up earlier.

Yes , thats right , or was when I was in business . The reason for you to leave immediately and give you a weeks pay , many times someone "gives their Notice" and the last week either slack off or even worse (have seen it myself) "Fill their pockets with stock" . So on the employers side , it's better to give you a weeks pay & say thankyou !

Win/Win situation , Boss knows where he's heading , you get a week at home on full pay .

devilracer_01 · 26-11-2007, 04:41 PM

If you have genuinely handed in your resignation then thats the end of the story, you finish on the date you are required to and paid out your entitlements.

If like what happened at my work about a month ago you had done the wrong thing knew you would get sacked for it and tried to resign then the employer has the right to tear it up.

We had a serious situation as I said about 5 weeks ago wher and employed used rammed his tug he was driving into another one that another person was driving (basically he used it as a weapon) that happened on the Thursday which was our last day on and it happened late at night, so during our three days off because he knew he would get dismissed for what he had done he emailed his resignation, but come Monday when the incident was investiagted and he was sacked they told him where he could stick his resignation email.