Employer withholding annual leave

[stackede30]

Hi Guys

So I have abit of a situation here, I've been working for JB Hi-Fi for 11 months at the moment as a full time employee. I was offered another job and resigned but I could only work 1 week of the 2 week notice period as my new job wanted me to start my training as they needed to send me to Sydney.

Now I've been told that since I have only given them a week of notice, the 127 hours of annual leave I had banked will not be paid out to me!
Are they allowed to do this?

I plan on calling the Fairwork OMBUDSMAN today and see what they say.

Regards,
Trishen

[Jumanji]

Hi Guys

So I have abit of a situation here, I've been working for JB Hi-Fi for 11 months at the moment as a full time employee. I was offered another job and resigned but I could only work 1 week of the 2 week notice period as my new job wanted me to start my training as they needed to send me to Sydney.

Now I've been told that since I have only given them a week of notice, the 127 hours of annual leave I had banked will not be paid out to me!
Are they allowed to do this?

I plan on calling the Fairwork OMBUDSMAN today and see what they say.

Regards,
Trishen

Im not a lawyer, but pretty damn sure you are entitled to it by law.

[doriae86]

If you're still there, tell them you will work, get a medical cert and call in sick..

[TJ]

Depends on the clause in your contract.

It might well say they reserve the right to withold leave if you do not give enough notice.

[Azrian]

Did you break the contract? If so they can probably do what they want.

[SINISTR]

I think within the 1st year you only have to give a weeks worth of notice - this is the case where I work, but different around the place.
You can ask your employer for early release from your contract but thats an agreement type thing, they can but don't have to agree to let you go earlier. Also the new employer should not force you to start within your notice period either. What if you had to give 4 weeks notice..

[ben351]

if its in your contract - then possibly if they can argue that you didn't leave them with adequate time to replace you.

Hand in notice - call in sick if you have the sick leave - unprofessional but a way out.

[Missile]

As above, really depends what your contract states. Similar to the above, you could take your second week as annual leave. I know that many employers will make you forfeit (in annual leave) the amount of time that you not serving.
e.g:
2 weeks notice stated in contract
3 weeks annual leave owed
only work 1 or those two weeks
2 weeks annual leave paid out

[stackede30]

This week just past was supposed to be my 2nd week of notice. I think as of today I do not work there anymore. I have checked my contract and even ones of fellow work mates that work there and it does not say anything about withholding annual leave, It just says that 2 weeks notice had to be given.

[Jumanji]

This week just past was supposed to be my 2nd week of notice. I think as of today I do not work there anymore. I have checked my contract and even ones of fellow work mates that work there and it does not say anything about withholding annual leave, It just says that 2 weeks notice had to be given.

What does it say if you breach the contract?

[SircatmaN]

this is why you should take your holidays as you get them! Take your sick days too.

[stackede30]

What does it say if you breach the contract?

I haven't seen anything on the contract that says what happens if the notice is not given or if there is a "breach" in contract. It's 8am now so going to call the OMBUDSMAN.

[stackede30]

this is why you should take your holidays as you get them! Take your sick days too.

Getting time off was insanely hard to get in that place. I have a mate who has over 300hrs banked, and everytime he requests leave they knock him back with some bullshit reason.

[cplagz]

If you don't give them the full 2 week notice period as stipulated in your contract, they can take annual leave to cover that period and pay out what's left.

[TJ]

300 hours is a huge payout if he leaves....

[shifted]

Getting time off was insanely hard to get in that place. I have a mate who has over 300hrs banked, and everytime he requests leave they knock him back with some bullshit reason.

Most retail places have "block out" during busy periods. Girlfriend has the same issues where no leave is granted between September to June each year or some shit. Claim is "it is busy period."

I think it's a load of shit.

Good luck with your claim anyway!

[180SXTCY]

they might have the right to doc any leave payouts if you don't give the required notice if you choose to leave.

This nearly happened at my last job as they wanted 4 weeks notice, and the oil and gas company i was going to were desperate to get me to start...

[yeahlow34]

this is why you should take your holidays as you get them! Take your sick days too.

Yeah nah thanks.
What's the point of taking 13.3333hours per month of Annual Leave?

[Macca]

I love the "call in sick" for a week proposal. Good luck with that. Employer already knows you are leaving and if wanted to play hardball (which they already are) they will make you see a doctor of their choice to confirm it.

I just looked at my annual leave balance. 936hrs owed.

Oh and ombudsman is just a normal word it does not require capitals to make it look more important!

[Macca]

this is why you should take your holidays as you get them! Take your sick days too.

Taking a/l as you accrue it in the 1st year is pointless as you do not get the leave loading.

[V70R]

Yeah nah thanks.
What's the point of taking 13.3333hours per month of Annual Leave?
Correct.



this is why you should take your holidays as you get them! Take your sick days too.
Sircatman, you obviously don't know how sick leave works.

stackede30, good luck, but best practice is to check your options first before rushing into resignation.

[cplagz]

stackede30, good luck, but best practice is to check your options first before rushing into resignation.

To be brutally honest, who gives a fuck - it's 1 week of leave at JB HiFi, it's not like its groundbreaking sums of money. You have another job that you clearly want more and I would assume is better career progression. Move onwards and upwards.

[V70R]

To be brutally honest, who gives a fuck - it's 1 week of leave at JB HiFi, it's not like its groundbreaking sums of money. You have another job that you clearly want more and I would assume is better career progression. Move onwards and upwards.

Yeah agree, hence why I said to check your options.
What you said is an option.

[stumps.]

Burn the shop down

[morgazmatron]

To be brutally honest, who gives a fuck - it's 1 week of leave at JB HiFi, it's not like its groundbreaking sums of money. You have another job that you clearly want more and I would assume is better career progression. Move onwards and upwards.

If you read his actual post it says 127 hours.. So 3+ weeks

1 week I personally wouldnt worry about either. 3 weeks I probably would.

[cplagz]

If you read his actual post it says 127 hours.. So 3+ weeks

1 week I personally wouldnt worry about either. 3 weeks I probably would.

That's why I said they are entitled to 1 week, if you read my post.

[morgazmatron]

Yeah they dont need to pay for the week that he bailed..

But that still leaves 90 odd hours that they dont want to pay him... That he may or may not be entitled to.

[PHIL]

i was under the impression that you only have to give the notice of how your pay is done, ie payed weekly only one week notice, fortnightly pay is 2 weeks notice and so on

[cplagz]

i was under the impression that you only have to give the notice of how your pay is done, ie payed weekly only one week notice, fortnightly pay is 2 weeks notice and so on

It depends on your employment contract. He said he had a two week notice period. If he has only served 1 week, they can dock him 1 week of annual leave and pay out the rest - unless the contract stipulates otherwise.

[Bomber]

It depends on your employment contract. He said he had a two week notice period. If he has only served 1 week, they can dock him 1 week of annual leave and pay out the rest - unless the contract stipulates otherwise.Ed Zackery

[mr_rotary]

It depends on your employment contract. He said he had a two week notice period. If he has only served 1 week, they can dock him 1 week of annual leave and pay out the rest - unless the contract stipulates otherwise.Exactly how I thought it usually works.

[fourseven]

As said, they cannot withhold all your leave. They can only withhold the notice period you didn't work, providing your contract doesn't say otherwise.

[Risk10k]

Just went through this situation with an Employee who was given a weeks notice, he called everyone pingpingpingpings and walked out on the spot - he called the ombudsman, ended up with a settlement of half a weeks wage which he was not entitled too. According to our industry rep the ombudsman nearly always sides with the employee in situations like the above.



I'd recommend making a meeting with the store manager, explain the situation with a simple 'Look, I'm starting a new job - I cannot commit to the two week notice, I'm willing to sacrifice a few hours off my holiday payout in lieu of a weeks notice - Or I'll be happy to talk to the ombudsman.

[31-EVO]

just got my annual leave paid out, over 4k, do like. Follow it up man, money owed is money earned

[V70R]

It pays to approach it diligently and with a level head.

[PHIL]

just handed in my notice an hour ago. wooohoooo. they are gunna get back to me on notice because new employer wants me next monday,current work wants 2 weeks, looks like ill be in the same position next week. Let me know how you get on.

[[FL0SSIN]]

I'd use the one thing you have on your side trishy, your skin colour, play the race card!

[stackede30]

Found the piece of info I was looking for, I only worked there for 11 months. So by the terms of the contract 1 week is sufficient. My manager is a just a tool, going to go in tomorrow with this.

http://i966.photobucket.com/albums/ae144/trishenm/IMG_73551.jpg

[fourseven]

Good stuff.

[Alt_F4]

Name of manager?
I know someone in the company who might take an interest in this guy....

[V70R]

Found the piece of info I was looking for, I only worked there for 11 months. So by the terms of the contract 1 week is sufficient. My manager is a just a tool, going to go in tomorrow with this.

http://i966.photobucket.com/albums/ae144/trishenm/IMG_73551.jpg
Hate to state the obvious but these terms are dated a month ago. You may have signed different terms when you started 11 months ago.

[Alt_F4]

Those conditions are a copy past of the retail award by the look of it

[stackede30]

Hate to state the obvious but these terms are dated a month ago. You may have signed different terms when you started 11 months ago.

If the terms and conditions get reviewed and changed I would assume it would apply to everyone employed in the company.


Those conditions are a copy past of the retail award by the look of it

They are a direct copy and paste of the retail award :eek:

[Macca]

If the terms and conditions get reviewed and changed I would assume it would apply to everyone employed in the company.

Only if you signed it a month ago. Otherwise what ever you signed stands.

Also im not sure can not tell, did you originally offer 2 weeks notice? Better still instead of going ombudsman have you tried calling JB head office and speaking to HR? Probably would be the easiest solution

[SircatmaN]

Just knock off a flat screen smart tv and call it even.

[stackede30]

Only if you signed it a month ago. Otherwise what ever you signed stands.

Also im not sure can not tell, did you originally offer 2 weeks notice? Better still instead of going ombudsman have you tried calling JB head office and speaking to HR? Probably would be the easiest solution

Nah I told them I could only do a week at 1st and upfront they didn't tell me about with holding my leave. The thing is I found that page on the company intranet, nobody recalls signing something in regards to policy changers :/

I'm going to show him this today and if it still is a problem I'll talk to HR or the guy higher up than him, cause he'd be abit more helpful.

[Bomber]

nobody recalls signing something in regards to policy changers :/
That's because whatever you signed at the commencement of your employment is the contract you will work under. Changes later on will only affect you should your job title and responsibilities change eg promotion/demotion.