8 weeks notice period

[Dan Murphy]

Hi all,

I have given a 4 weeks notice period to my employee, but since i had signed a contract which states that i need to give 8 weeks, the employee is trying to enforce it on me. Ive accrued 19 annual leave this year out of which i've used none.
My employee had mentioned that if i would leave in 4 weeks they will not encash those 19 days.

Could you please let me know if they can legally do this?

I was under the impression that 4 weeks would be a standard and employee wouldn't have problem.

Waiting eagerly to hear from you all.

Thanks in advance for your time.

 

[Rod]

Sorry, I'm a little confused by your post. I'm not certain if you are the employer or employee.

In your situation, who is the employer (Boss)? and who is the employee (worker)?

 

[Dan Murphy]

Sorry, I'm a little confused by your post. I'm not certain if you are the employer or employee.

In your situation, who is the employer (Boss)? and who is the employee (worker)?

Hi Rod,

Sorry, i noticed i had written employee instead of Employer.

im the employee here, and I want to understand if my employer has the legal right not to pay my accrued 19 days of annual leave, since I'm planning to leave giving a 4 weeks notice.

Please let me know if im unclear.

 

[Dan Murphy]

Edited

Hi all,

I have given a 4 weeks notice period to my employer, but since i had signed a contract which states that i need to give 8 weeks, the employer is trying to enforce it on me. Ive accrued 19 annual leave this year, out of which i've used none.
My employer had mentioned that if i would leave in 4 weeks they will not encash those 19 days.

Could you please let me know if they can legally do this?

I was under the impression that 4 weeks would be a standard and employer/ employee wouldn't have problem.

Waiting eagerly to hear from you all.

Thanks in advance for your time.

 

[Nanddalia3]

I don't have clear idea on this. Might someone experience will help you. lol

 

[Dan Murphy]

I don't have clear idea on this. Might someone experience will help you. lol

The person with experience has not yet read my post:-(

 

[Rod]

I'm not 100% but suspect he's not allowed to unilaterally withhold annual leave in a normal situation.

Your situation is different in that you only want to give 4 weeks notice instead of 8. The employer is entitled to enforce the contract and it seems easier to strike an agreement whereby he accepts 4 weeks notice, and you accept the remaining time as being your annual leave. Meaning you are one day better off.

 

[Rob Legat - SBPL]

Possibly, it depends on the validity of your employment contract. If the contract is valid, and provides for 8 weeks, the employer can deduct the balance from your accrued entitlements.

Check with the Fair Work Ombudsman.

 

[Clancy]

Look at what award you would come under if you were not on contract.... Because i don't think your benefits in the contract can be less than the benefits in the award?

 

[Dan Murphy]

Look at what award you would come under if you were not on contract.... Because i don't think your benefits in the contract can be less than the benefits in the award?

Thanks Clancy for taking out time to reply. I'm a permanent employee. How would i check under which award my employer falls into?