Entitled to pay or not?

[heather]

My Girlfriend recently moved jobs and signed her contract of employment. As it turned out, she didnt like the job (after only 4 weeks), and decided to leave. She was going to give the 4 weeks notice as per the contract, however the employer decided to terminate the contract that day, they told her to work until the end of the day and clear her desk at that stage. My question is : Should she be paid for 4 weeks in lieu of notice?

 

[Berni]

Does the contract mention any probationary period? Notice conditions usually do not apply during probation.
If not, then it would seem she should have been allowed to work her notice or be payed in lieu.

 

[onekeano]

Are you sure that's right Berni? ie. that an employee could either decide to leave after 5 months giving no notice whatsoever or that an employer could sack someone on the spot after say 5 months? Sounds very strange to me?

Roy

 

[Berni]

Many companies will specify the notice period in the contract, in this case 4 weeks, but separately note that a probationary period - 6 months say - applies, during which notice can be given by either party in accordance with the Minimum Notice & Terms of Employment Act 1993. (The statutory period is under 13 weeks, no notice. over 13 weeks, one week)
They will usually not want to tie either side in to a long notice period until they are sure it will work out.