So I started a new job as an Accounts Officer back in April for a small business. As I got further into the role, I started to notice some red flags regarding employer superannuation payments and other debts not being paid to government agencies (ATO, State Revenue). I have always taken a lot of pride in my career but I constantly felt incompetent and unsatisfied with my work performance because I could not keep on top of all of the responsibilities within the business due to operational and financial issues. I began to realise my future with this company was uncertain, due to their financial position, the Directors approach, and the fact that business has recently had an entity go into liquidation; having another entity created in addition to the current company trading ABN. Long story short, in my opinion, the business owner was unprofessional and incompetent of running a business, and I felt like the whole culture of the business was ruining me. I ended up feeling extremely trapped in the business, with the whole recruitment process with seeking other employment a huge barrier. Fortunately, I obtained another position through previous professional relationships. On 22nd of July on a Friday afternoon, I contacted my Manager to inform of my resignation. As per his request, I emailed the resignation over the weekend advising my last day of employment would be 12th August (3 weeks notice). As I was under probation and my length of service was under 12 months, I was only required to provide 1 week notice as per my Employment Contract. I also offered to do 2 hours casual work for the business outside of my new work hours for 2 weeks, as I was aware the only person who was able to take on the finance role was going on leave from the week after I finished with the business. On the Monday 25th July I had an informal catch up with my manager who reassured me I was making the right decision and completely accepted my resignation. Later that morning, the Director was interstate and asked my manager to request I stay in employment until that staff member returned from leave. I declined and explained that I was unable to do that as once that staff member returned from leave, I also had an overseas trip scheduled for 2 weeks - so with the 3 weeks notice I provided, the 2 weeks they requested I covered whilst another staff member was on leave and then my own 2 weeks leave, I was expecting my new employer to wait nearly two months before I could commence. I again offered to do casual work for them to get them by. The next day, Tuesday 26th of July, I had started work as normal and worked for 2 hours when my manager called me in. He let me know he had been talking to the Director on the phone all morning, who bluntly expressed that if I was not willing to provide 5 weeks notice, I was to pack up my office right then and there in front of all staff and never return. At that point, I was extremely shocked and disappointed in the way the director handled the situation which actually confirmed all of my red flags I had previously identified. My manager even stated during this meeting that he was glad that I was leaving because the Director would have been angry that I couldn’t meet his needs and predicted the Director would not have made my last 3 weeks pleasurable. In his words, he said he would blow up at me over something small and not just a small blow up, he would make me terrified.
So my question is, as they dismissed me without notice, am I entitled to a 1 week minimum notice period payout in lieu of notice as per my Employment Contract, or should they be paying me for the 3 weeks notice I provided?
I originally assumed it was only 1 week, but after searching on Fair Work Ombudsman, it specifically says: They will need to pay out the whole period of notice given by the employee.
This to me sounds like notice given by me in this example, not the minimum notice as stated in other resources.
I really hated every day going into that workplace, in a way I have never experienced before. I did not want to stay there for 3 more weeks and I did not want to work long days to put in extra hours for them once I finished. I simply did that for their benefit and I haven’t received a single thanks or congratulations on gaining another job from the Director - absolutely nothing. And from working in payroll myself, I know that the employee cannot be disadvantaged. In my case, I should have worked and been paid for the 3 weeks if the Director didn’t lose his temper over not getting his own way. If I hadn’t of given the 3 weeks notice, I would have been able to start the new job much earlier but instead I am now on 3 weeks unpaid due to being unexpectedly dismissed. This employer is very dodgy in my eyes (not paying crucial debts, owing hundreds of thousands in Super, accepting money from clients for a service they had no intention on providing to assist with cashflow, requesting I reduce original invoices by % and provide the reduced invoice to the business who charges us for providing services) I do not trust this business at all and I just want to make sure I am aware of what I am entitled to and are completely within my rights.
What I need confirmed:
- am I entitled to 1 or 3 weeks pay in lieu of notice?
- Do I accrue annual leave on the notice period paid out?
- Am I entitled to be paid the 10 hours I worked that week in addition to the notice period being paid out? Or is that 10 hours within my notice period (read another resource on the Fairwork website which indicated I would be paid out my notice period in addition to the hours worked, even if it was within my notice period.
Sorry for the long post, I have just been feeling so lost with this job and being dismissed really took me by surprise. I really just don’t want to be mucked around by this company any more and I think they deserve the be audited and shut down for the lack of professionalism and ethics.
Thanks so much in advance for any advice anyone is able to provide!
So my question is, as they dismissed me without notice, am I entitled to a 1 week minimum notice period payout in lieu of notice as per my Employment Contract, or should they be paying me for the 3 weeks notice I provided?
I originally assumed it was only 1 week, but after searching on Fair Work Ombudsman, it specifically says: They will need to pay out the whole period of notice given by the employee.
This to me sounds like notice given by me in this example, not the minimum notice as stated in other resources.
I really hated every day going into that workplace, in a way I have never experienced before. I did not want to stay there for 3 more weeks and I did not want to work long days to put in extra hours for them once I finished. I simply did that for their benefit and I haven’t received a single thanks or congratulations on gaining another job from the Director - absolutely nothing. And from working in payroll myself, I know that the employee cannot be disadvantaged. In my case, I should have worked and been paid for the 3 weeks if the Director didn’t lose his temper over not getting his own way. If I hadn’t of given the 3 weeks notice, I would have been able to start the new job much earlier but instead I am now on 3 weeks unpaid due to being unexpectedly dismissed. This employer is very dodgy in my eyes (not paying crucial debts, owing hundreds of thousands in Super, accepting money from clients for a service they had no intention on providing to assist with cashflow, requesting I reduce original invoices by % and provide the reduced invoice to the business who charges us for providing services) I do not trust this business at all and I just want to make sure I am aware of what I am entitled to and are completely within my rights.
What I need confirmed:
- am I entitled to 1 or 3 weeks pay in lieu of notice?
- Do I accrue annual leave on the notice period paid out?
- Am I entitled to be paid the 10 hours I worked that week in addition to the notice period being paid out? Or is that 10 hours within my notice period (read another resource on the Fairwork website which indicated I would be paid out my notice period in addition to the hours worked, even if it was within my notice period.
Sorry for the long post, I have just been feeling so lost with this job and being dismissed really took me by surprise. I really just don’t want to be mucked around by this company any more and I think they deserve the be audited and shut down for the lack of professionalism and ethics.
Thanks so much in advance for any advice anyone is able to provide!
