Notice for Employment termination (1 Viewer)

[Dammit]

My girlfriend is currently employed as a receptionist at a real estate agent.

She has decided the job is not for her after much consideration and has decided she wants to put her notice in to leave the company.

She has been working for the company for 3 weeks.

In her Offer Of Employment it says

"Either party may terminate the arrangement by the giving of one party to the other two weeks notice in writing, unless your actions instant dismissal is warranted, in which case no notice or payment in lieu of notice need be given."

She has signed this document so technically I would say that she needs to give two weeks notice however, I have looked at a few websites such as http://www.workplace.com.au/termination.html - which states that with regards to the Workplace Relations Act 1996 at least 1 week notice must be given if service with the company has been less than 1 year.

So technically by law would this go by the employment contract or the Workplace relations act??

Also, If she does have to give two weeks notice, can she just work 1 week of that notice and then have the 2nd week calling in sick?? (as she might start a new job after 1 week of notice)?

are there any legal implications we should be aware of??

Thanks for your help guys.

 

[shArkEe]

for your gf since she signed the contract saying 2 weeks notice, then i'll assume she needs to give 2 weeks cause its in the contract, but theres no law saying you cant call in sick for the last week of work, but thats just my opinion, tell your gfr to check with her lawyer first

 

[townie]

i think a contract overides legislation (at least in terms of workplace law)

wen all said and done, it;s just an extra week