Redundancy - Should Notice Pay be as per My Contract?

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Paliza

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7 July 2014
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My employment contract was full time (5 days/week). Due to company's financial problems, we were asked to work 4 days/week last year. Now I am being redundant . Should my redundancy notice time be paid as 4days/week, or 5days/week as my contract?
 

Paul Cott

Well-Known Member
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26 May 2014
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Ballarat, Victoria
Paliza,

Notice period generally depends on length of service but have a look at NES standards which are minima.

But if there is anything in the contract about notice, then generally it is that period that generally applies unless it has been varied expressly due to you now working or having just worked less hours.

Paul.
 
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Paliza

Member
7 July 2014
3
0
1
Paliza,

Notice period generally depends on length of service but have a look at NES standards which are minima.

But if there is anything in the contract about notice, then generally it is that period that generally applies unless it has been varied expressly due to you now working or having just worked less hours.

Paul.
Thanks Paul .my notice time is 4 weeks . I am just asking if they should pay 5days/week (5*4=20 days) as I was full time, or 4days/week(4*4=16 days) as I was asked to work temporarily 4 days/week .
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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Ballarat, Victoria
Paliza,

My opinion is that, in general, notice pay should be the equivalent to notice that is required to be given so it is probably, as you accepted the 4 days week change (admittedly, probably not happily) it is probably 4 days per week that should be paid.

Paul
 

Paliza

Member
7 July 2014
3
0
1
Paliza,

My opinion is that, in general, notice pay should be the equivalent to notice that is required to be given so it is probably, as you accepted the 4 days week change (admittedly, probably not happily) it is probably 4 days per week that should be paid.

Paul
Just wanted to make sure if they have to pay according the contract or not . Thanks Paul .