Termination of Job

[Footy Chick]

I thought it was a week for every year you'd been at your place of employment, but then 23 weeks notice doesn't really sound right, does it?

When I left Telstra it was in the next cycles paypacket - which unfortunately fell on June 30 and tipped me into the next tax bracket for the tax year

[gadj1976]

I thought if they brought your termination forward, they had to pay you all entitlements on the day you left.

That's exactly what I thought too.

When I've left jobs in the past, they handed me a cheque of what owed up to the date I left.

It depends on the pay cycles as people have said. Some companies to pay up on someone's last day, some on the next available pay day. We pay in the next pay cycle unless someone makes arrangements beforehand.

I had a look at the Clerks Award which is a good guide for other awards and it doesn't seem to have any clauses that say a final payment should be made before you leave.

Punky if you don't get it by the next time you would normally have been paid, then you may have a problem.

Devils Advocate - tying a notice period (either way) in with the pay cycles is a myth. All Awards specify a notice period that's independent of whenever you were last paid. However, some companies do use that myth to their advantage.

With redundancies Hondo, you HAVE to pay someone on or before the day they leave. ie, you cannot withhold any money from an employee once they've left. If you resign, then I understand it can fall into the next pay cycle, however because they've shortened the notice period, in effect they'd forfeit that entitlement IMO.

[Hondo]

With redundancies Hondo, you HAVE to pay someone on or before the day they leave. ie, you cannot withhold any money from an employee once they've left. If you resign, then I understand it can fall into the next pay cycle, however because they've shortened the notice period, in effect they'd forfeit that entitlement IMO.

A lot of companies would indeed do that - especially if there's a lot of people going at once. But I don't think you'll find any actual law that says that it must be paid on the last day of work.

I specifically looked up redundancies in the Clerks Award and it said nothing about payment on the last day. Just that it has to be paid. Some companies have timesheet/time-card entry logistics, or may not have a payroll clerk available on the specific day, or there may not be someone on hand to authorise the EFT ....

I think if it went to Court they would simply expect the employer to have paid it as soon as was reasonably possible.

Devilsadvocate - the notice period (set out in the employment contract, workplace agreement or the Award, whatever applies) has to be followed regardless of when the next pay cycle is. In real life, if its a resignation then it's probably easier for the employer to agree something that works out with the payroll office. But if it's a termination, they have to stick to the set period.

If there's any IR lawyers on this site, I'll stand corrected on any of this. It's just what I have picked up in my work, which is not IR law.

[smac]

This debate and my initial query in the office sparked a chat between our in house lawyer and accountant as well as the payroll manager. Sorry punk, you definitely have to wait for the next pay cycle. But get into them if they miss that date.

[Footy Chick]

damn.. my next guess was me asking if this payroll chick is the same one that tried to have a crack and you turned her down ... paybacks a bitch

[Mickyj]

Perhaps you are lucky mate.My company has a history if the manager (in the area I work)didn't really like you and you were not Fulltime or PPT and you gave notice.You will be walked straight to the door.
Fulltime and PPT give 2weeks notice no worries .(well 1 poor guy went on LSL and was backstabbed oops i mean demoted when he came back.Me I would have left)
Have heard at our head office Clerical workers are always walked straight out.and I would presume everyone would get their money on time.
But knowing our Pay office its probably stuffed

[spell_check]

Punk, Redheads must love you!

[MagicKiwi]

Punky have you got another job?

[Punk Rooster]

Punky have you got another job?

yes, start next week

[MagicKiwi]

Same industry?

[Dog_ger]

Unfortunately where I work is the same my good friend.

Jealous spiteful Bitches rule the world.

[Footy Chick]

Unfortunately where I work is the same my good friend.

Jealous spiteful Bitches rule the world.

and don't you forget it

[JAS]

Unfortunately where I work is the same my good friend.

Jealous spiteful Bitches rule the world.

Hmmmmm....this might let Jabber off the hook for a while...I feel a fatwa coming on

Regards
JAS

[smac]

I feel he's onto something.

[JAS]

I feel he's onto something.

Ah ha...another one with a death wish eh?

Note to self...remember that the next time smac can't login

Regards
JAS

[Footy Chick]

I feel he's onto something.

Nice one Errol *smack*

[Punk Rooster]

Punk, Redheads must love you!

yep, as long as curtains match the carpets!

[smac]

You are only proving the point being made here ladies...

[Mickyj]

Unfortunately where I work is the same my good friend.

Jealous spiteful Bitches rule the world.

I hear that and agree with it .In my work place they all get along like houses on fire .Until one gets moved to do a different job during the day.Then all hell breaks lose .And the one up man(sorry womanship ) ship .It goes so much further than the workplace and why they bother is beyond me.

And I get ridiculed as all I do is go to work and leave at the end of my shift .