- June 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Employment Notice Period Dilemma##
I have been with my current employer for a solid two years now. As per the guidelines on the FairWork website, the standard notice period for resigning stands at just 2-3 weeks. Surprisingly, my employment contract does not specify any particular notice period requirement. In fact, after scrutinizing it thoroughly multiple times, I even sought the opinion of three family members to ensure I hadn’t overlooked any clause regarding notice period.
Despite this, my workplace has sprung a policy stating that full-time employees are obligated to provide a 4-week notice, failing which they would not receive the payout of any accrued annual leave. In a conversation with my manager regarding this discrepancy between company policy and legal mandates, I was astounded to hear them assert that their policy overrides legal regulations.
## How AI Legalese Decoder Can Help##
In such perplexing situations where workplace policies clash with legal rights, the AI Legalese Decoder could prove to be an invaluable asset. By utilizing this innovative tool, you can promptly decipher and comprehend the complex legal jargon surrounding employment rights and obligations. It can aid in demystifying any ambiguous clauses in your contract, clarifying the legality of company policies, and providing insights on how to navigate such disputes effectively. The AI Legalese Decoder can empower you with the knowledge and confidence to address discrepancies like the one you are currently facing with clarity and assurance.
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Title: How AI Legalese Decoder Can Simplify Complex Legal Jargon
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****** just grabbed a
Well, they won’t pay out your sick leave. That isn’t an entitlement that is required to be paid out.
Annual leave – they have to.
There is no way for a company’s policy to override the law, that’s not how law works. The only way that can occur is if the law itself allows it (e.g., replaceable constitutions).
Your employer is being tight and they must pay out your annual leave, notice or no notice. What is in the policy is irrelevant.
Contact Fairwork – if you are employed under an award then the notice required will be listed. If there is nothing in your contract regarding a notice period then they cannot withhold your leave. If they do then you’d have to report them to Fairwork to recover it.
If your contact doesn’t specify, it automatically defaults to the NES (for you that would be 2 weeks or 3 weeks). They can withhold future earnings (eg if you’re paid monthly, 2 weeks worked and 2 weeks future, they can not pay you the 2 weeks you haven’t worked), but they can’t withhold leave entitlements. Work out your notice period based on NES and exactly how long you’ve worked there, then provide that notice in writing and cite the NES.
Are you under an EBA?
In previous workplace my EBA stated 8 weeks minimum for anyone employed over 1 year.
This ludicrous condition was in response to a mass resignation event because they treated their people like shit.
When I resigned I needed my manager’s permission to only give 4 weeks notice. Luckily my manager was a good egg and we got along really well.
Report your boss for saying that shit… once you’ve got your final pay.
What a toss pot.
Company policies aren’t shit against what is enshrined in law.
They can write whatever they like in their policy. They are not above the law, the law will always apply.
They can’t do this. Leave is actually YOUR leave, it doesn’t belong to the company and you accrue it as you work. If you’ve completed two years, you should have earned 8 weeks pro rata leave – that means if you work 20 hours a week, 8 weeks of 20 hours. If you work 40 hours, 8 weeks of 40 hours.
Policies cannot override law. Your employer is full of it.
Contact them via email and ask for clarification. This will give you a paper trail of their lies.
How many weeks notice did you give?
No. They have to pay out your annual leave as it’s an entitlement. They can try but I don’t think the FWC would look upon it very favourably.
“policy supersedes legality”…..this would be deemed damaging enough to put the business in significant legal risk……..
😂😂😂It isn’t possible to make a policy that supersedes the law. Give them notice that you will be taking legal action if they don’t pay out the leave
Go to FairWork; legislation cannot be ‘overruled’ by policy just because a company says it does.
Have they given you a copy (or has a copy been available to you if not formally given) of their policies to read?
What does it say? Ask for a copy of the policy, and check it’s last ‘updated’ date if it’s a small company that might have just quickly written it up.
Read the policy closely…. And then tell us what you find.
Nope,
they can take wages but not entitlements (annual leave) in leiu of full notice given.
I would double check the copy of the employment contract and if it’s not in it. Ask them for a signed copy of the policy where you have “agreed” to 4 weeks notice.
When they can’t prove it, tell them where to stick it.
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