January, everyone is either away (so it doesn’t count) or if they are not away they moan because they want to be – same thing in February (if it’s bad weather people are bitter and twisted and if its good weather they are more bitter and twisted because they want to be on holiday) March and April everyone is depressed because Winter is around the corner. May, June, July and August is winter. September and October people are happy because its spring (unless it rains of course….) Then November starts. I bet you all feel much better now.
Recently another employee who walked out on his employer without giving the notice required in his employment agreement was ordered to pay the un-worked portion of his notice period. The worker, a very well regarded sushi chef, had been having difficulties with his employer and gave verbal advice that he was going to leave his employment. His employer tried, through offers of time off and a lump sum payment, to induce him to stay. Nothing would work and he left.
The sushi chef then took a personal grievance against his former employer on the basis that he was unjustifiably dismissed and he had public and annual holiday leave due and owing. The Authority member held the sushi chef had not been unjustifiably dismissed and in fact he owed his employer the un-worked portion of his notice period (4 weeks wages). This case gives comfort to employers who have staff who do not give the notice provided for in their employment agreement.
It is important for employees to remember an employment agreement confers rights and obligations on both parties.
For employers this is yet another reason to have an employment agreement which provides for a period of notice and goes on to say that failure to give notice means the employee will pay for the amount of notice not given. Notice periods are just one example of an area in your employment agreements that can be tailor made for each individual employer and employee.
