VIC Full-Time to Casual: Notice pay

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Storey901

Member
19 February 2018
1
0
1
Hi all,

I was employed at a company on a full time fixed term 6-month contract (probation period was also the same length as the contract). Recently the company told me that they were overstaffed (despite hiring someone else in the same week) therefore they would need to terminate my contract early (3 months).

I was told I could either take a 'casual' contract or basically leave and look for another job, I had 2 days to give them a decision. After this chat with my manager & supervisor, myself and my supervisor had a chat. My supervisor told me that I would have the next week off, but still get paid (one week's remuneration in lieu of notice).

I decided to go with the casual contract as I felt as though may still have some income while I look for another permanent job. On the day of accepting the casual contract (2 days after being told my contract was being terminated), someone went on sick at another premises owned by the company. I was asked to go work there, starting the following day (this was the first day of my notice period).

I assumed I would still get my one week's remuneration payment as my contract had been terminated and the casual contract was dated from the day before. After I worked the week at the other premises I was then told that I wouldn't be paid 'casual' for the week, I would just receive one week's pay as normal, as I was 'working' my notice period. I wasn't aware of this, and when I told them they just blamed it on miss-communication.

My question is: am I entitled to the 'one week's remuneration pay' as well as the casual pay for this week?

It may also be worth saying that I never received any written notice from the company. I just had a chat with the manager, and then called my supervisor after the 2 days with my decision, I then came in the following day to sign a casual contract.

My contract states that 'During the probationary period, either party may terminate your employment by giving the other party one weeks' notice in writing or in the case of the company, by paying you an amount which is equivalent to one week's remuneration in lieu of notice.'

If you need any more information please let me know, thanks
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
"My question is: am I entitled to the 'one week's remuneration pay' as well as the casual pay for this week?"

No, technically you did not turn up for your 'casual position' because you were busy working your notice period.

However, if your travel time two and from work increased because they sent you to a different location you are entitled to be paid for that extra travel time for your notice period.