When an employee leaves their current job, whether by resignation or termination, they still have their rights as they leave. Companies are still obliged to give payments to employees as they leave and turn over important documents. If you’re departing from your company, here are some things you need to know:
What Am I Entitled to as an Employee?
1 – Final Notice
If you are leaving the company voluntarily, you are entitled to give your notice. But if you are being terminated, you are entitled to a notice period before it takes effect. This period can differ from company to company, but it usually lasts two weeks to thirty days. You must be compensated for the hours worked during your notice period.
2 – Payment in Lieu of Notice
Payment in lieu of notice can also be given if the company wants you to leave immediately. This is the full payment of what you would have worked for in the notice period. If your contract states that a two week period is the duration of your final notice period, then the payment in lieu should cover two weeks’ worth of pay.
3 – Accrued Annual Leave
You are entitled to this no matter the reason or circumstances of your termination. Generally, accrued sick leaves are not to be paid upon termination unless stated otherwise in your contract.
It is also possible for you to acquire a pro rata long service leave payment if you have served at least seven years of employment and have not taken your long service leave.
How to Tell If You’ve Been Paid Correctly
You have to base everything on your written contract. There is usually a calculation broken down for you. Remember that you should be given a final payslip from your former employer. Separation certificates are also available upon request.
What If There’s No Mention of Pay in My Contract?
The Fair Work Act provides a safety net for workers who are dismissed. This act makes sure that there is at least a minimum length of notice or payment in lieu. The amount that your employee can be more but cannot be lower than the amount stated from the Fair Work Act.
Can I Be Terminated Without Notice?
Dismissal due to serious misconduct does not need notice from the employer to the employee. This includes coming to work intoxicated, insubordination, theft, fraud, assault or any serious act that may have harmed management or another employee. Anything outside that requires a notice by law.
Conclusion
Even when you’re departing a company, you still have rights as a worker that you are entitled to. If there are problems, try to resolve them internally before taking legal action.
But if the company just won’t budge, take it to court. No matter how tedious it may be to dispute this, it could make a big difference to how the management might treat their current employees.
If you find yourself in a legal battle against your former company, then you need legal counsel from employment dispute lawyers in Perth. Workclaims Australia. We provide legal advice and represent parties for any employment discrepancy that needs legal intervention. Call our experts today for a consultation on your case.
