Aussie Childcare Network Forum

Hi, I'm hoping i could get guidance and answers.

I've placed in my resignation today and had a meeting with my director that escalated after some time as the director was lying and very defensive. I brought up many topics including not having enough staff, a racist comment she said, lack of support and more.

Later that day, I noticed im kicked off Story park and off the rosters. I feel i was being fired and kicked off the team. The whole day I'm in tears.

The director later talks to me saying that I am to finish today but will be given pay for the two weeks. I said i decline but im told they will have to talk to HR. I end up talking to HR and beg them for me to stay just until Friday to say goodbye to the families and children. I'm told again today will be my last day.

There is a lot to the story I've cut out. I'm absolutely gutted and feel I've been cornered to leave today. I've asked around for guidance but nothing is helping the heaviness i'm feeling. I understand I resigned for a new job... but i didn't want to leave without saying a proper goodbye.

What can I do?

Hi there!
I’m sorry to hear you had to leave under difficult circumstances, made worse when you didn’t have the chance to say a proper goodbye.
Without knowing specifics, it’s hard to do more than speculate because it’s possible that your employer is within their rights to terminate you immediately, especially with HR paying you for the 2 weeks.
If you wanted to resign and now find yourself at odds with your director and potentially other colleagues then that might be the reason HR informed you that staying for even 2 more days is not a possibility.
But that’s just an assumption…
You should look at your contract and see if there is any information there about due process, for example what occurs when employment ends and the expectations – there may be an outline of what each party can and cannot do.
Technically HR should support you, however they may have covered their backs with the payment and have told you leave today to avoid any further upset regarding you, the director, other colleagues and of course the children and their families. The way you describe it doesn’t sound very fair though, even if the director is technically your superior, everyone should be treated equally and fairly.
Sounds like the director has interfered whilst you tried to resign and that has resulted in today being your last day.

It’s a tricky situation so I would recommend doing some research, the following site has some information you might find helpful:

https://www.fairwork.gov.au/how-we-will ... ermination


You have your pay, but if you want to go to work one last time I would suggest you act quickly otherwise it will be even messier.
First thing tomorrow morning contact Fairwork on:
Fair Work Infoline: 13 13 94
They should be able to help you and explain your rights based on your situation.
I'd recommend you do this so you have all the correct information as HR haven't been helpful to you thus far (unfairly or not) and if you go at them when you need them to back flip on their decision you may not get the outcome you want whether its fair or not.
After finding out what rights you have, send an email to HR (so as to leave a paper trail) and explain what occurred today, that you are not happy with it and what you want. Mark the email as urgent and use a serious tone to ensure HR knows you are not satisfied and would like an explanation.
Unfortunately given there is only one business day (Thursday) to sort it all out, unless HR grants you a sort of last minute reprieve on Friday then you should prepare yourself for the possibility of not being able to go back to work - even if it is just to say goodbye

Just to be clear were you dismissed?
If you were then this may be of help:

https://www.fwc.gov.au/unfair-dismissal ... sal-unfair

Let me know if there is anything else

Hi there

Thank you so much for replying to my forum post. I really appreciate it.

I am unsure as to if my dismissal was concrete.

In regards to my dismissal, i was offered an ultimatum in which i would be paid for the coming two weeks, which is the period of my two weeks notice on the condition that I did not come in to work. I then declined the first offer and was directed by my employer to HR. However, i essentially had no choice in the matter.

You're welcome!
I think you should contact fair work or another regulatory body to confirm what your rights are as there are a lot of laws
If you weren't given an opportunity to defend yourself against any complaints then it maybe unfair (harsh, unjust or unreasonable) dismissal under the Fair Work Act
It is possible the directors information was taken into account however there should be grounds for dismissal attached to the condition that you do not return to work, if it is in fact a dismissal.
I suspect in this case its so there isn't a tense environment which could create unnecessary problems in the workplace since you wanted to leave anyway. Your conversations with the director may be quite significant. However that isn't your concern - as presumably if you didn't go in to resign to take a new job and discuss your thoughts before you left, you'd still be there working tomorrow and everything would be fine as per normal. On the surface it appears your complaints to the director (and about them) haven't gone down well with the director who has then informed HR. Obviously you know all the ins and outs, so it depends how far you want to take it I guess

Hi
I couldn't find where I could make a new topic.
I am an ECT and only worked at centre for 8 months. I just gave in my notice of 2 weeks. Director is insisting that ECTs need to give 4 weeks and it is not under fair work. She says I need to alter my resignation letter accordingly.
Advice please.

Hi
I couldn't find where I could make a new topic.
I am an ECT and only worked at centre for 8 months. I just gave in my notice of 2 weeks. Director is insisting that ECTs need to give 4 weeks and it is not under fair work. She says I need to alter my resignation letter accordingly.
Advice please.

nar2706 wrote: ↑

Thu Sep 19, 2019 2:25 pm

Hi
I couldn't find where I could make a new topic.
I am an ECT and only worked at centre for 8 months. I just gave in my notice of 2 weeks. Director is insisting that ECTs need to give 4 weeks and it is not under fair work. She says I need to alter my resignation letter accordingly.
Advice please.

Based on the Children's Services Award, you actually only need to give 1 week notice:
http://awardviewer.fwo.gov.au/award/sho ... P293_29449

11.1 Notice of termination by an employee

(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1
Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2
Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

BUT please check your contract with your employer. They may have included a clause that requires you to give more than what is required under the Award.

i have looked into things further and this might be of interest to other ECTs. They don't come under the Children's Services Award but under the Educational Services Teachers Award. This award says

11.3 Notice of termination by an employer—other than schools

The employment of an employee (other than a casual employee) will not be terminated without at least four weeks’notice (inclusive of the notice required under the NES),or four preschool term weeks in the case of a preschool employee,or the payment of four weeks’salary instead of notice. If the employee is over 45 years of age and has completed at least two years of service the NES notice period will apply.

11.4 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer.

11.5 If an employee fails to give the notice specified in clauses 11.2 or 11.3 the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

nar2706 wrote: ↑

Thu Sep 19, 2019 8:41 pm

i have looked into things further and this might be of interest to other ECTs. They don't come under the Children's Services Award but under the Educational Services Teachers Award. This award says

11.3 Notice of termination by an employer—other than schools

The employment of an employee (other than a casual employee) will not be terminated without at least four weeks’notice (inclusive of the notice required under the NES),or four preschool term weeks in the case of a preschool employee,or the payment of four weeks’salary instead of notice. If the employee is over 45 years of age and has completed at least two years of service the NES notice period will apply.

11.4 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer.

11.5 If an employee fails to give the notice specified in clauses 11.2 or 11.3 the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

Interesting, thanks for the correction. I'm surprised to know they're covered under a different award despite working in the early childcare education services area. Good to know for future reference.