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21-07-2020, 12:35 AM
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Quote:
Originally Posted by Unregistered
That's diff then. You can ask for compensation in lieu of notice. Raise this up immediately and reserve your rights. Don't act as if you have agreed to shorten the notice period.
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I don't think OP has said that his/her firm has forced him/her to shorten the notice period. Tendering does not equate to shortening notice period. As a matter of practicality, I doubt it makes sense to ask for compensation in lieu of notice, particularly since it may likely lead to a gap in OP's CV –*assuming that OP will face difficulty finding another job. Might as well just tender, serve notice, and concurrently find a job.
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21-07-2020, 12:43 AM
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Quote:
Originally Posted by Unregistered
Has this firm been recently mentioned on this thread
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Is it a B4 at MBFC?
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21-07-2020, 01:05 AM
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Anyone sick of their current position and wants to leave? Ready to take your job.
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21-07-2020, 02:46 AM
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Quote:
Originally Posted by Unregistered
their egos can't accept the 'legal exec' title
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Because I heard the pay offered was 1.5k. And this is at a "big" glamorous mid sized firm.
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21-07-2020, 03:16 AM
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Quote:
Originally Posted by Unregistered
I’m the OP who was asked to resign. My notice period is 3 months. I believe the firm is fully entitled to terminate me with 3 months’ notice or salary in lieu, per the contract. But the situation is I am asked to tender by next month.
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Quote:
Originally Posted by Unregistered
I’m the OP who was asked to resign. My notice period is 3 months. I believe the firm is fully entitled to terminate me with 3 months’ notice or salary in lieu, per the contract. But the situation is I am asked to tender by next month.
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Doesn't that mean that they will still have to retain you from Aug (plus 3 months) as per the notice period? If you tender your resignation, does that affect your legal rights in any way? Are they allowed to shorten the notice period (without payment) if you resign as opposed to being fired?
In this uncertain climate, I suggest you do nothing and let them fire you instead. There are certain resources and payments you can only access if you were made forcibly unemployed as opposed to a resignation (e.g unemployment benefits or resilience package benefits etc).
They may not even fire you if they need to provide these 3 months payment in lieu, and if they try to make your life difficult and force you to resign, you should contact TAFE or relevant employment bureaus.
In any case, if you are still fired, you then have 3 months (working or placed on garden leave) where you can apply to firms in the interim. This is obvious, but do not accept any request to shorten the notice period unless you are corresponding paid in lieu.
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21-07-2020, 09:39 AM
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Quote:
Originally Posted by Unregistered
Doesn't that mean that they will still have to retain you from Aug (plus 3 months) as per the notice period? If you tender your resignation, does that affect your legal rights in any way? Are they allowed to shorten the notice period (without payment) if you resign as opposed to being fired?
In this uncertain climate, I suggest you do nothing and let them fire you instead. There are certain resources and payments you can only access if you were made forcibly unemployed as opposed to a resignation (e.g unemployment benefits or resilience package benefits etc).
They may not even fire you if they need to provide these 3 months payment in lieu, and if they try to make your life difficult and force you to resign, you should contact TAFE or relevant employment bureaus.
In any case, if you are still fired, you then have 3 months (working or placed on garden leave) where you can apply to firms in the interim. This is obvious, but do not accept any request to shorten the notice period unless you are corresponding paid in lieu.
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Thank you so much, I appreciate this advice. Yes, I’ve been asked to tender in August and leave immediately, despite my notice period being 3 months. I am trying to avoid appearing difficult given how small the industry is, and how fast words spread. But I would really need the full notice period to look for a job. I am absolutely shocked and disappointed at the firm’s decision to do this to its associates during this challenging time.
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21-07-2020, 10:35 AM
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Quote:
Originally Posted by Unregistered
Thank you so much, I appreciate this advice. Yes, I’ve been asked to tender in August and leave immediately, despite my notice period being 3 months. I am trying to avoid appearing difficult given how small the industry is, and how fast words spread. But I would really need the full notice period to look for a job. I am absolutely shocked and disappointed at the firm’s decision to do this to its associates during this challenging time.
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Huh, ok. That is clearly in breach of contract since you are entitled to 3 months' notice, or they will have to pay you 3 months' pay in lieu.
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21-07-2020, 10:38 AM
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Not trying to be mean.... but as a lawyer, regardless whether you're an employment lawyer or not, surely you would know your rights as to your employment contract?
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