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.
Thanks Rob for taking out time to reply. I checked with Fairwork Ombudsman, providing my company details and the issue I'm facing. They have asked me to take legal help, and suggested I could reachout to JobWatch for further assistance.
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.
Thanks Rod for taking out time to reply. If things dont go my way, I dont have an option other than giving up my annual leaves. I will get in touch with JobWatch as well to check what they have to say.
