VIC Employer Terminates Employment During Notice Period?

[Mick W]

Hi all. I've been employed by a waste company for the last two years full time and have noticed that it has been progressively going downhill for about 6 months now. A lot of the good staff (drivers & management) have been leaving or been fired. I've seen this coming for a while now and have been keeping my eye out for another job.

Well last week I found one and got it. I then gave my supervisor 2 weeks written notice of my intent to resign, which was on the Friday last week, and then 3 days later on the Monday afternoon while driving home from work during my notice period, my supervisor calls me to tell me that I've been let go. The decision was not his to make and it came from above his head, so I don't blame him. However, I haven't been given any termination letter or final pay including my entitlements.

My previous weeks' wages were deposited into my account on the same Monday afternoon (which is pay day), but I have not got any of my entitlements nor the two weeks' notice paid out "in-lieu". I was under the impression that final pay must be in my account at the end of my last day of work, am I right?

They did the same thing to another driver last week who gave notice on the Wednesday (after finding another job), and then was fired on the Friday afternoon two days later.

So my questions are these:

• Where do I stand under employment law? Can they do this?
• How long do they have to deposit my entitlements into my account?
• What should be my next course of action?

I have done nothing wrong, have always tried to do things by the book and would appreciate some help on the matter so I know where I stand.

Thank you.

 

[Ivy]

Hi Mick,

It doesn't sound as though your employer had any grounds to dismiss you. And you are correct that if you give notice and your employer doesn't want you to continue working for the length of that notice period then they still have to pay you for that notice period, plus pay out any accrued leave.

I suggest you call the Fair Work Ombudsman straight away. You would have grounds for an unfair dismissal claim however you may not want to go down that route if you were leaving anyway. However the Ombudsman's office should be able to help you get your owed pay. Their phone number is 13 13 94.