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- What do you do if your employee resigns without notice? Is that legal? Hmm, interesting. Stick around and well try and work that one together, I think. Hi, everyone, Simon here from the Contract Company. Contracts, thats what we do, all day everyday and sometimes overnight. Lucky us, and it is, cause we like what we do and this is another one of those interesting questions. So, is it legal if someone resigns without giving notice? Well, the short answer is yes, meaning the notice is effective because you cant hold someone to stay in a job because theyre not slaves, we dont believe in slavery in Australia. So you cant compel them to turn up but the real question is, if theyve given you no notice, do you have to pay them out the notice period? Thats the real issue. So the notice itself is effective. They will cease employment. The question then is how much notice period pay do you pay them? Now unfortunately for you, I cant answer that on the spot, because youd need to look
