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NSW Questions on Compensation for Termination and Employment Contract

Discussion in 'Employment Law Forum' started by Kit Kat, 5 January 2016.

  1. Kit Kat

    Kit Kat Member

    5 January 2016
    Likes Received:

    I have a couple questions on termination of my employment. It is a little convoluted, so please bear with me.

    I resigned in November, giving notice up to December 23rd. I was subsequently asked for work casually, three days per week, for four weeks in January to assist in the additional handover. This offer was made, and accepted in writing, with a start date, end date, days to be worked each week, and agreed on hourly rate, plus conditions of payment of additional hours.

    I was then told during my notice period that I had an unintentional negative attitude, which was having an impact on the team. I was told it was understood that this was not being done on purpose on my part, but was coming out nonetheless, and they wanted me to finish immediately, and not return in January.

    My first question: do I have any recourse for seeking compensation for no longer being required to work in January?

    On the basis of the work, I had not made any alternative arrangements and was, therefore, planning on the work and money that it would provide. I feel like it was unfair to let me go, without any room for me to attempt to change my unintentional attitude, with no notice. As it was just before Christmas, I had no way of seeking alternative employment, so must now wait additional time without income.

    During the last few months, I have been working a significant amount of overtime, on an "as needed" basis. I was covered by an EBA, which states overtime is applicable, and my employment contract stated I would be required to work overtime as required. I asked that this be paid out to me on termination, and was told that as I did not have approval in advance of doing the overtime. It would not be considered for payment. Are they allowed to do this, when I have proof that I worked the hours? Or is it acceptable that I need to seek pre-approval for the overtime worked?

    I also asked for a statement of duties from my time with the company. Is this something that they must legally provide me with? Or can they choose to ignore it, and not send me anything?

    Thank you for any help, it is definitely appreciated.
  2. JS79

    JS79 Well-Known Member

    2 October 2015
    Likes Received:
    With casual employment they can terminate a contract with you with no notice - so I do not think you would be able to gain compensation.

    In regards to overtime - how much do they owe you? is the business a pty/ltd?
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