Leaving Employment Before End of Notice Period - Employee Rights?

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20 June 2014
I have resigned from my current employment, giving the required 4 weeks notice. I have asked to be released early so I can start my new job, but have been declined. I am now 1.5 weeks into the 4 week notice period. I have 4 weeks annual leave accrued and have requested to take 3 days leave, but was again declined.

1. If I just leave now, will I forfeit my 4 weeks of accumulated annual leave, or will they have to pay me out my entitlement less 2.5 weeks of the notice period not worked?
2. My employer has not paid my superannuation since December, do I have grounds to demand release or at least not work unless they pay my overdue super?

Any assistance greatly appreciated.

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
Ballarat, Victoria

They generally (unless there is something in your contract if you have one, or your award) will still have to pay your annual leave accrued. But yes if you leave and don't work out your notice period, they can deduct from your total pay out, the short notice period i.e. the 2.5 weeks.

And secondly, with the super, it is irrelevant to you working - you don't have the right to be released early generally, if it isn't paid and you can't assert the right to not work if it isn't paid. It should be paid though, for sure. The ATO can help with that issue. Hope that all helps.

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