TAS working during time off in lieu

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aati

Well-Known Member
27 August 2017
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victoria
I have resigned.
given correct notice.
in writing my employer has said that I can have time off in lieu and finish immediately.
however, verbally, he has said I will be on call and come in to help with transition. (meaning: Continue to fix their computers which are old and always breaking down)
I am ok with this, however, I am not ok with the fact that with time off In lieu one does not receive accrued leave or superannuation. So it is their cheap way of keeping me on to the end at their beck and call whilst not having to pay these benefits.
please can you give me your advice. Thank you.
 

Rod

Lawyer
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27 May 2014
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Pay in lieu of notice is normal pay and should have accrued leave and super.
 

aati

Well-Known Member
27 August 2017
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1
199
victoria
I am only given accrued leave up until the last physical day of work. Thereafter during TOIL no accrued leave is given.
 

Rod

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Calculate the additional $ amount and add it to your letter as its own line item.
 

aati

Well-Known Member
27 August 2017
61
1
199
victoria
1.I have been told Tha if you are not physically at work (ie TOIL) you cannot accrue leave.
2. If I have accepted TOIL surely it is illegal for employer to call on me to come into work when they want.
 

Rod

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I have been told if you are not physically at work (ie TOIL) you cannot accrue leave.
Hmm, they might be right wrt to annual leave.

Read this, half way down the page it states the requirements: Welcome to the Fair Work Ombudsman website

If still in doubt call the Fair Work Ombudsman.

I'm not convinced the FWO page has it right, but believe them before you believe me. Might do a little more digging around.
 

Rod

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Ahh, OK. So accrual of leave only goes to when employment ends (termination date) and doesn't include any notice period whether worked or not.
 

aati

Well-Known Member
27 August 2017
61
1
199
victoria
Thank you for advice.
Regarding being expected to be on call during toil, is this legal?
 

Rod

Lawyer
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This is where you say you are not obliged to work as they gave you TOIL and you accepted. However if they want to pay you for negotiating a new agreement they and you can make a new agreement and you can negotiate the pay rate.