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ACT Employment Law - My Right to Claim My Annual Leave Payout?

Discussion in 'Employment Law Forum' started by aseem, 20 October 2015.

  1. aseem

    aseem Member

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    Hi! I am in dire need for some help regarding issue with my employer.

    I was working with a pty ltd company since 10th November 2014. After consulting my store manager to whom i used to report, i resigned from my job on 1st October 2015 and offered to serve one week's notice (till 9th October) and got the resignation letter signed by him.

    On the second last day of serving the notice (7th October), i was asked to serve 3 more weeks as was outlined in my agreement with the company. But since i had already committed myself by then to my new employer and had acted at all times in good faith keeping my manager aware of all my actions and depending on his advise regarding the notice period and other rules, i was unable to serve any further notice.

    I just found out today(20th October) that i had been terminated on 13th October as was mentioned in my final payslip and hence they have forfeited my accumulated annual leave and i did not get any other communication regarding the same.

    Please help if i have any legal rights under Employment Law, if i want to claim my annual leave payout as i acted in good faith at all times and if i was advised rightly by my manager, i would have committed to the new employer only after serving the required notice period.

    Many thanks and regards.
     
  2. JS79

    JS79 Well-Known Member

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    Hi Aseem,

    Have you got a copy of your contract between you and your previous employer?
    What does it state in regards to the notice period that you must give?
     
  3. aseem

    aseem Member

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    Hi thanks for the response. It states that I had to serve 4 weeks notice. Thanks
     
  4. aseem

    aseem Member

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    Hi Js79! I have a copy of that contract with me as well. Thanks.
     
  5. JS79

    JS79 Well-Known Member

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    Does the contract say they can withhold money if you don't serve adequate notice?
     
  6. aseem

    aseem Member

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    Hi Js79

    I have the exact clause for you to read. Which says.....

    "You or the Company may terminate your employment by giving one month’s notice to the other party (or any greater period of notice required by the FW Act or by the Company paying your Base Salary in lieu of that period of notice or partly by giving notice and partly by paying in lieu.
    The Company may also terminate your employment without notice or payment in lieu of notice if you (whether before or after the date of this agreement) are guilty of any serious or wilful misconduct or any other material breach of this contract."

    Many thanks and regards.
     
  7. JS79

    JS79 Well-Known Member

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    Try contacting fair work commission and see what they suggest. They will let you know if they think you would be able to claim it back or not.

    Good luck.
     
  8. Serge Gorval

    Serge Gorval Well-Known Member

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    If you were an award covered employee then most awards allow employers to withhold outstanding money owed to you even for AL, however this is a contracts law issue that the company will need to attempt to enforce, you are still owed your annual leave under NES which is payable to you provided that you have adequate notice under NES (1 week) which you have.

    IMO there is money owed to you which you should recover!
     

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