I didn’t get my annual leave pay when I quit

Gavin asks: I didn’t get my annual leave pay and when I left the job. I asked them but I am missing my pay.

If you’re a permanent employee (that is you receive sick pay and annual leave) you should receive the balance of any untaken annual leave with your last pay. The only exception to this is if you didn’t give your employee the required notice that you would no longer be working for them.

This is taken from the day you actually resign to the date you give as your final day of work. Your Award or Agreement would contain the specific amount of notice you would be required to give.

If you don’t supply your employer with sufficient warning of your intention to go, they can debit the balance of notice outstanding from your accrued leave.

Therefore, if you have two weeks of holidays up your sleeve and your Award says you need to let them know two weeks in advance that you want to quit, but you want to leave one week’s time in order to start a new job, your boss can debit your two weeks leave balance by a week to make up for the shortfall in notice.

Why don’t you give the Australian Unions team a call on 1300 486 466. They can check what your Award says about giving notice. If it turns out that your boss actually still owes you your holiday pay they can also advise you on how to chase up that money.

Don’t forget to give them a call as well when you start your new job. That way they can help you join the right union so you can have the peace of mind of knowing you have union protection right form the word go.

Date Published: 06/08/2014 Category: Opinion Workers rights

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