Employment Resigning

Run n Spread

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Thread starter #1
Hi all have a bit of a problem. I want to switch jobs but my current employer states if I don't give required notice not only will they withhold my last pay but charge me (yes bill me) the amount I didn't give notice.
This sounds highly suspect and illegal to me. Wandering what to do as I simply want out NOW regardless of this new job. Can I call their bluff and tell them their contract is illegal and void anyway and send a letter of demand for my last pay.
 

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RAPPA

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#2
Hi all have a bit of a problem. I want to switch jobs but my current employer states if I don't give required notice not only will they withhold my last pay but charge me (yes bill me) the amount I didn't give notice.
This sounds highly suspect and illegal to me. Wandering what to do as I simply want out NOW regardless of this new job. Can I call their bluff and tell them their contract is illegal and void anyway and send a letter of demand for my last pay.
Do you know if your business is covered by a Modetn Award or Enterprise Agreement? If not what industry are you in?

Some awards make provision for an employer to withhold the equivalent amount of the notice you were required to provide BUT you CANNOT be billed for that amount - your boss has his/her head up their arse on that one.
 
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#3
Right?

How can they bill you?

I had a courier job which after a days work only paid me $50 (as I spent the day just doing inner city jobs). I quit as I used more than tuat in petrol.

Then they tried to charge me to have the radio removed ($250). I laughed and said I will remove the P.O.S myself for free.
 

Run n Spread

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Right?

How can they bill you?

I had a courier job which after a days work only paid me $50 (as I spent the day just doing inner city jobs). I quit as I used more than tuat in petrol.

Then they tried to charge me to have the radio removed ($250). I laughed and said I will remove the P.O.S myself for free.
Good question but it is in the contract that you will be billed payable in 14 days. Which I suspect is bullshit and I will argue that they have breached their contract anyway numerous times. I suspect it is there as per

Do you know if your business is covered by a Modetn Award or Enterprise Agreement? If not what industry are you in?

Some awards make provision for an employer to withhold the equivalent amount of the notice you were required to provide BUT you CANNOT be billed for that amount - your boss has his/her head up their arse on that one.
I suspect this is the case and I will end up working my last fortnight for free. Annoying as I will have to wait 3 weeks before 1st pay next time (assuming I even get it) so will have essentially worked 5 weeks with nill pay.
 

JG22

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#5
that sounds ridiculous than an employer could bill you
 

Run n Spread

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that sounds ridiculous than an employer could bill you
It is ridiculous and doubt it would happen but it is what I/we all have to deal with. Everyone is trying to just rip everyone off.
 

CakeEater

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#7
Hi all have a bit of a problem. I want to switch jobs but my current employer states if I don't give required notice not only will they withhold my last pay but charge me (yes bill me) the amount I didn't give notice.
This sounds highly suspect and illegal to me. Wandering what to do as I simply want out NOW regardless of this new job. Can I call their bluff and tell them their contract is illegal and void anyway and send a letter of demand for my last pay.
They can withhold pay and they can only deduct Annual Leave to meet notice requirements, they cant bill you however.
 

Run n Spread

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They can withhold pay and they can only deduct Annual Leave to meet notice requirements, they cant bill you however.
Yet if I show up to work buck naked, stoned and abuse my boss in a drunken rant I would be terminated instantly and in a better spot. Couldn't withold pay then. Sure hold a nominal fee but not paying someone for work completed is very "unfair" to put it mildly. And people wander why I and others have such a low opinion of management/employers. We do not have a good working culture across the majority of our society. To say I'm pissed off at my current situation is an understatement. Regret signing on.

Anyway I won't clog this space up with anymore. Thanks for the advice.
 
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CakeEater

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#9
Yet if I show up to work buck naked, stoned and abuse my boss in a drunken rant I would be terminated instantly and in a better spot. Couldn't withold pay then. Sure hold a nominal fee but not paying someone for work completed is very "unfair" to put it mildly. And people wander why I and others have such a low opinion of management/employers. We do not have a good working culture across the majority of our society.
When do you get paid?
 

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Couldn't withold pay then.
Yes they could.

They are required to give you notice just as much as you are required to give them notice. You lodge your resignation and they then have to pay you for a certain period after that, if they dismiss you for unprofessional behavior then they aren't required to give you that notice period.

If you've been in the job a while it could be four weeks, usually I hear of people resigning and the company deciding that it's better to part ways immediately than have someone put in less that full effort for another month, so they pay you out the month - just make sure you get it in writing from them that they are the ones who are waiving your notice period.
 

Run n Spread

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When do you get paid?
Fortnight ends Wednesday am paid following Tuesday.
Yes they could.

They are required to give you notice just as much as you are required to give them notice. You lodge your resignation and they then have to pay you for a certain period after that, if they dismiss you for unprofessional behavior then they aren't required to give you that notice period.

If you've been in the job a while it could be four weeks, usually I hear of people resigning and the company deciding that it's better to part ways immediately than have someone put in less that full effort for another month, so they pay you out the month - just make sure you get it in writing from them that they are the ones who are waiving your notice period.
All of it? I mean I leave (would immediately to start a better job) they just wipe you.

Problem is the "new job" if I get it wants me to literally start tomorrow. If I don't get it I'll just serve the notice. (Or agree for me not to go half arsed so pay me the current period I've worked and I'll just walk).

I might do that. Was kind of my point if I deliberately behave unprofessionally and they terminate me I'm better of financially then acting in good faith.

Anyway I won't say more. If anyones wants to know more or has similar issues PM me otherwise mods can wrap the thread if they want.

Thanks all.
 

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Herne Hill Hammer

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#12
Fortnight ends Wednesday am paid following Tuesday.


All of it? I mean I leave (would immediately to start a better job) they just wipe you.

Problem is the "new job" if I get it wants me to literally start tomorrow. If I don't get it I'll just serve the notice. (Or agree for me not to go half arsed so pay me the current period I've worked and I'll just walk).

I might do that. Was kind of my point if I deliberately behave unprofessionally and they terminate me I'm better of financially then acting in good faith.

Anyway I won't say more. If anyones wants to know more or has similar issues PM me otherwise mods can wrap the thread if they want.

Thanks all.
I guess in the end, look at the long term. Is it worth while scraping by for a couple of weeks to end it happier in a better job?

In my job, I'm required to give 4 weeks. If I choose not to and just leave, as far as I'm aware, I forfeit them paying me out any remaining annual leave that I have.

As for new employers wanting people to start immediately, they obviously realise that if they hire someone who is already working that they probably need to give some sort of notice period. Ask them if they'd be happy with an employee just walking out with no warning or notice to go to another job? I'd suspect they wouldn't.
 

the_interloper

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#13
I guess in the end, look at the long term. Is it worth while scraping by for a couple of weeks to end it happier in a better job?

In my job, I'm required to give 4 weeks. If I choose not to and just leave, as far as I'm aware, I forfeit them paying me out any remaining annual leave that I have.

As for new employers wanting people to start immediately, they obviously realise that if they hire someone who is already working that they probably need to give some sort of notice period. Ask them if they'd be happy with an employee just walking out with no warning or notice to go to another job? I'd suspect they wouldn't.
If it's a competitor they probably would be, its common to be immediately marched out in my industry if resigning to go to competition. You still get your notice period payout but you're actually more likely to be damaging rather than helpful in that period.
 

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#14
If it's a competitor they probably would be, its common to be immediately marched out in my industry if resigning to go to competition. You still get your notice period payout but you're actually more likely to be damaging rather than helpful in that period.
Your employer could stand you down with pay in that situation and ask you not to come to work due to a conflict of interest, yet would also restrict you from starting your new position until you have served your notice period.
 

the_interloper

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#15
Your employer could stand you down with pay in that situation and ask you not to come to work due to a conflict of interest, yet would also restrict you from starting your new position until you have served your notice period.
That’s probably true I guess. Though maybe that may be unenforceable due to restraint of trade?
 

james Dean

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That’s probably true I guess. Though maybe that may be unenforceable due to restraint of trade?
I can't see how, if the employee hasn't commenced with rival company then there is no restraint of trade there. The employee is still on the company's books/payroll until the notice period has been served
 

the_interloper

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#17
I can't see how, if the employee hasn't commenced with rival company then there is no restraint of trade there. The employee is still on the company's books/payroll until the notice period has been served
But that clause would be stopping them earning extra money than otherwise. I dunno, an employment lawyer would know.
 

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#18
More of an ethical question than a legal one here, but would be keen to hear some other opinions.

I'm currently on a 12 month contract which expires in early June. I am starting to look elsewhere under the expectation the role will not be extended/made permanent.

I have a great relationship with my manager and communication has always been very transparent and honest (to my knowledge). Do you guys think I should let my manager know that I am starting to look elsewhere as a form of persuasion to make a decision on whether my role gets extended or just wait until I have secured a role, give my week's notice and leave?

I'm leaning towards the former, but don't want to **** myself over.
 

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People react emotionally to bad news, telling your manager you are looking might guarantee you aren't offered a position there
 

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More of an ethical question than a legal one here, but would be keen to hear some other opinions.

I'm currently on a 12 month contract which expires in early June. I am starting to look elsewhere under the expectation the role will not be extended/made permanent.

I have a great relationship with my manager and communication has always been very transparent and honest (to my knowledge). Do you guys think I should let my manager know that I am starting to look elsewhere as a form of persuasion to make a decision on whether my role gets extended or just wait until I have secured a role, give my week's notice and leave?

I'm leaning towards the former, but don't want to **** myself over.
If you have a good relationship with management, why not simply sound them out about what the chances are that the role may be extended/ transitioned to permanent?
 

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That’s probably true I guess. Though maybe that may be unenforceable due to restraint of trade?
Restraint of trade will have a narrow interpretation/application by effect of law. No Court will agree to a blanked restraint of trade that prevents someone from earning a living
 

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I'm currently on a 12 month contract which expires in early June. I am starting to look elsewhere under the expectation the role will not be extended/made permanent.
After the end of the fixed term contract, and if a new contract has not been agreed, then you revert to an ongoing employment agreement where you're still working for them.

They will have to give notice to the terms of the existing agreement - regarding the intention not to renew a contract for employment with you. Your current termination/notice terms will remain in effect until the current agreement expires - so refer to the terms there. - If you do not wish to continue you will still be required to provide notice in either case.
 

PoppedCorn

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#23
More of an ethical question than a legal one here, but would be keen to hear some other opinions.

I'm currently on a 12 month contract which expires in early June. I am starting to look elsewhere under the expectation the role will not be extended/made permanent.

I have a great relationship with my manager and communication has always been very transparent and honest (to my knowledge). Do you guys think I should let my manager know that I am starting to look elsewhere as a form of persuasion to make a decision on whether my role gets extended or just wait until I have secured a role, give my week's notice and leave?

I'm leaning towards the former, but don't want to **** myself over.
Reckon he would do the former in reverse?
You'd think if they were to keep u it's be worked out by now in may?
They haven't said anything

I'd go the later
 
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