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Topic # 150477 24-Jul-2014 10:08
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If my job requires 2 weeks notice of resignation, and I give 6, then 3 weeks later decide to leave early, have I already served my contact 2 weeks notice... Or is the 2 weeks notice always the final 2 weeks before leaving regardless how much notice is given?

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  Reply # 1094705 24-Jul-2014 10:15
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IANAL, and have not seen your contract or letter of resignation, I would say you need to stick to the six weeks you advised then of. If you wish to change that, it may require another resignation letter, or hopefully just a quiet chat to your manager.

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  Reply # 1094707 24-Jul-2014 10:17
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No... yes (actually No... maybe)

You give notice of a leaving date, if that date changes, then the notice period may need to change.

The most important thing to do is TALK to the employer. They may be happy to let you go earlier, in which case there it's no problem.

Look at it this way. If someone gave you a job to do that takes two weeks, and they said you have 6 weeks to complete it. You'd be pretty upset if they came back in 3 weeks demanding it and saying you've had 3 weeks to do a 2 week job.




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  Reply # 1094717 24-Jul-2014 10:22
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andrewNZ: No... yes (actually No... maybe)

You give notice of a leaving date, if that date changes, then the notice period may need to change.

The most important thing to do is TALK to the employer. They may be happy to let you go earlier, in which case there it's no problem.

Look at it this way. If someone gave you a job to do that takes two weeks, and they said you have 6 weeks to complete it. You'd be pretty upset if they came back in 3 weeks demanding it and saying you've had 3 weeks to do a 2 week job.


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  Reply # 1094718 24-Jul-2014 10:22
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That's most definitely a discussion to be had with your employer.



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  Reply # 1094741 24-Jul-2014 10:48
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I ask as I can't predict when another job comes along so I'm trying to do the best under the circumstances, by informing my intention to leave. I may be able to revise date with 2 weeks notice but If I return to my previous job, there will be no notice. I have a months holiday pay which I don't want to lose, my understanding is if I go no notice I'll lose 2 weeks of that, which I could accept. Another employee left, 2 weeks notice and was simply told to not come back and given 2 weeks pay in leau of notice. If that were to happen to me I guess it wouldn't occur until final 2 weeks?

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  Reply # 1094763 24-Jul-2014 11:03
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From the DOL 

"Resignation

Employees may resign at any time, provided they give reasonable notice. The employment agreement should be checked to confirm notice periods and final pay should be calculated. If the employee gives the required notice, the employer must pay the employee to the end of the notice period, unless the employee is justifiably dismissed during that period. The employment relationship continues until that date. The employee may be required to work for the full notice period or may be asked to stop coming to work before this date. In either case, the employee should be paid to the end of the notice period. If pay is stopped before the end of the notice period, the employee may be able to claim for wages owed. If an employee leaves work without giving notice, the employer is not required to pay for time beyond the employee's last actual working day. The employer must not deduct pay in lieu of notice from any amount owed to the employee unless the employee agrees in writing or the employment agreement specifically allows it. The employer must pay all holiday pay owing to the employee in their final pay."

I would say that if you have met the requirements of your employment agreement it would be reasonable to expect your employer to not object to a earlier finishing. You could ring the DOL for advice.






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  Reply # 1094800 24-Jul-2014 11:22
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xpd:
andrewNZ: No... yes (actually No... maybe)

You give notice of a leaving date, if that date changes, then the notice period may need to change.

The most important thing to do is TALK to the employer. They may be happy to let you go earlier, in which case there it's no problem.

Look at it this way. If someone gave you a job to do that takes two weeks, and they said you have 6 weeks to complete it. You'd be pretty upset if they came back in 3 weeks demanding it and saying you've had 3 weeks to do a 2 week job.


This.




Isn't that what the +1 (post support) button is for?

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  Reply # 1094804 24-Jul-2014 11:27
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A notice period is about allowing your employer to prepare for your departure. If you said 6 weeks, and then 3 weeks later decided to leave earlier, I think you would be contractually obliged to stay for an additional 2 weeks as per your contract.

What you are suggesting would be extremely unfair on your current employer.

As others have said, talk to your employer. If they are happy for you to leave earlier I think they could still deduct the 2 weeks from your holiday pay as you won't have worked out your 2 weeks notice, but you would at least leave on good terms. But if they aren't happy for you to leave early then I would be very cautious about not working out your notice as it would be deemed as abandonment of employment which would mean a bad reference from them and possibly you getting a bad reputation as a result.

I am not in HR or employment law, so the above is just my personal opinion.


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  Reply # 1094815 24-Jul-2014 11:35
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IlDuce: I ask as I can't predict when another job comes along so I'm trying to do the best under the circumstances, by informing my intention to leave. I may be able to revise date with 2 weeks notice but If I return to my previous job, there will be no notice. I have a months holiday pay which I don't want to lose, my understanding is if I go no notice I'll lose 2 weeks of that, which I could accept. Another employee left, 2 weeks notice and was simply told to not come back and given 2 weeks pay in leau of notice. If that were to happen to me I guess it wouldn't occur until final 2 weeks?


I'd say that unless your new job is with a competitor, you will need to work out your notice. If it is with a competitor, you may be required to go on 'Gardening Leave' where you 'work' out your notice at home. In either case, you cannot start with your new employer until your notice period is up.

I'm not sure why you have given 6 weeks notice when you are only required to give two. If you got a new job, they would not expect you to start straight away, and will understand that you have to give notice from your old job (and you are in a better bargaining position with your prospective new employer if you are already employed rather than seeming needy for the job by being unemployed).

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  Reply # 1094835 24-Jul-2014 11:50
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kharris: 
Isn't that what the +1 (post support) button is for?


Yes but 1) I forget about it  2) Not everyone actually knows its there and takes notice of the "+1's" being added :)





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  Reply # 1095059 24-Jul-2014 16:46
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kharris:
xpd:
andrewNZ: No... yes (actually No... maybe)

You give notice of a leaving date, if that date changes, then the notice period may need to change.

The most important thing to do is TALK to the employer. They may be happy to let you go earlier, in which case there it's no problem.

Look at it this way. If someone gave you a job to do that takes two weeks, and they said you have 6 weeks to complete it. You'd be pretty upset if they came back in 3 weeks demanding it and saying you've had 3 weeks to do a 2 week job.


This.




Isn't that what the +1 (post support) button is for?


This. (Sorry - couldn't resist it! laughing)

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  Reply # 1095067 24-Jul-2014 17:03
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eracode:
kharris:
xpd:
andrewNZ: No... yes (actually No... maybe)

You give notice of a leaving date, if that date changes, then the notice period may need to change.

The most important thing to do is TALK to the employer. They may be happy to let you go earlier, in which case there it's no problem.

Look at it this way. If someone gave you a job to do that takes two weeks, and they said you have 6 weeks to complete it. You'd be pretty upset if they came back in 3 weeks demanding it and saying you've had 3 weeks to do a 2 week job.


This.




Isn't that what the +1 (post support) button is for?


This. (Sorry - couldn't resist it! laughing)


Trying to get to 1140 posts? cool  I should rock around some threads and increase my numbers too. lol. 

Apologies to the OP for being off topic.  I normally try to add value.

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  Reply # 1095074 24-Jul-2014 17:24
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I think it would be simpler to just give the 2 or 4 weeks notice as specified in your contract.

Giving employer longer notice as a kind of favour to them is nice in theory, but could lead to complications. If you have a start date for a new job that is six weeks away, you could mention it to your boss to aid planning but still hand in your notice officially two weeks before you want to stop.


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  Reply # 1095081 24-Jul-2014 17:30
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As an employer, saying you will give 6 and then changing it half way, I would take a very dim view of it. Stick to your agreement, it's the right thing to do. NZ is a small place, actions now can have consequences later you may not intend.

If you had given notice in accordance with your agreement, that would be fine too, but offering more, means your employer will probably have based finding your replacement time frames around that.

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  Reply # 1095088 24-Jul-2014 17:36
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networkn: As an employer, saying you will give 6 and then changing it half way, I would take a very dim view of it. Stick to your agreement, it's the right thing to do. NZ is a small place, actions now can have consequences later you may not intend.

If you had given notice in accordance with your agreement, that would be fine too, but offering more, means your employer will probably have based finding your replacement time frames around that.


Yes I agree.  That would be like telling your landlord that you want to move out of a property in 6 weeks and then moving out in 3.  Good luck trying to get out of the 3 weeks additional rent.  It is the same principle.
Forget what the law says, do the right thing, honour your agreement.  You don't want it to come and bite you when your boss is the manager of a different company you want to work for years down the line.

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