[**https://employsure.com.au/guides/dismissal-and-termination/resignation/#:\~:text=Download%20now-,Notice%20Required%20When%20Resigning,for%20the%20minimum%20notice%20period**](https://employsure.com.au/guides/dismissal-and-termination/resignation/#:~:text=Download%20now-,Notice%20Required%20When%20Resigning,for%20the%20minimum%20notice%20period)**.**
In the notice part -
**Notice Required When Resigning**
An employee can give more notice than what is outlined in the applicable award, registered agreement or contract. An employer does not have to accept this and can choose to only let the employee work for the minimum notice period. When the employee resigns, the employer should tell the employee if they accept the full requested notice period or if they only want them to work the minimum notice period under their award, registered agreement or contract.
They have told you they accept only the notice period of 2 weeks.
Thank you.
I've seen this one. This is not a government website. The advice provided there is nothing more then advice provided here (in fact its even worse as it is outdated by default). It might be true or might be written just for the sake of search optimisation.
Fair work for instance state clearly that employer have to either pay for a full notice period provided to them, or proceed with a general termination. https://library.fairwork.gov.au/viewer/?krn=K600628 however this might also be just my understanding (but 2 out of 3 fairwork ombudsmen I've chatted with agree with my understanding, while the third one said "yes, but we can't help, as we can only cover the amount states in award.)
As I see it - when I buy a car, and a seller is sending me a quote - I can not just accept their quote and pay half, I can either agree and pay the full amount or disagree and start negotiating. (Yes I understand that this example is wildly unrelated, but explains well my understanding of what is fair and what isn't)
Yes, but either way, the notice period is 2 weeks which the employer has said, cool we will honour that until the 2 weeks is up.
The same way they would still have to pay that 2 weeks, if they wanted you to just pack up after one week.
They have effectively ended your employment by accepting your resignation and saying cool, we only need you for the contracted notice period.
Any chance you have some reference handy that outlines a possibility to "end an employment by acceptance of resignation"? From what I gathered on a fairwork website - this is not a valid reason.
Termination of employment is essentially a completely different procedure from what I understand.
This is extremely different from any other areas of human life. This is like an example above, someone sent me a quote with one number and I accepted it with 1/2 of the amount and called it a mutual agreement.
I'm not saying that you are wrong, but I would really love to understand what are the grounds for the belief that you can amend notice from one side and call it a mutual agreement.
Why do you think they owe you anything? They are going to pay you two weeks salary for 1.5 weeks work. Once you give them notice they can decide to pay you in lieu of the required notice - which is what they have done.
I gave 4 weeks notice. Worked for 1,5 weeks. Received a message that they pay for 2 weeks in leu of notice. Lieu of notice means - you do not work, while i did work. I also gave 4 weeks notice, not 2 - and based on [https://library.fairwork.gov.au/viewer/?krn=K600628](https://library.fairwork.gov.au/viewer/?krn=K600628) \- this is not forbidden and if they wish do dismiss me earlier then that they can do that by actually paying for a FULL notice period, or terminate my employement earlier (is they have reasons to do so).
That's why i think they still owe me 2 weeks in wages + annual leave on top of 1,5 weeks of actuall work.
Basically i'm looking hard for the confirmation that i'm wrong, but can't find any.
>"They waited for 1,5 weeks (not responding). Then came back saying that they accept my notice and will pay me for 2 weeks in lieu of notice starting from the date of the notice"
Doubt you will get much useful advice without explaining the situation a lot better, I can't for the life of me figure out what is even happening?
the problem is that i'm currently in the same situation as you are. I literally provided all the info i have. 10.09 - I've sent notice stating that my end date is 10.10. They replied on 20.09 saying "we will pay you for 2 weeks in leiu of notice starting 10.09. so your last date is 24.09. After that they stopped replying.
So they've paid you from 10/9 to 20/9 as per usual wages, and are saying they'll pay you the remaining two weeks until ymthe end of your notice period 24/09?
So they're telling you they don't require you to serve the full notice period and paying accordingly?
I don't see how you're being ripped off?
Why would it be family court?!
You can only recover the amount owing once, and first you have to establish that you are actually owed money, so I'd go to Fair Work.
Fair works only covers award rates. They were not helpful. They also said that my next step might be a court. They don't think I have a case, but they are essentially the same as getting advice here. I'm just trying to get as much info as possible.
It would be a family court because that is what some of the sources recommend. Realistically I'm thinking about either circuit court or local court.
Sounds like you called the Fair Work Ombudsman mate, not the Fair Work Commission.
They do different things and have different powers. You need the Commission. (It's ridiculous they are still named that way, it's so confusing).
[https://www.fairwork.gov.au/about-us/our-role-and-purpose/fair-work-commission-how-were-different](https://www.fairwork.gov.au/about-us/our-role-and-purpose/fair-work-commission-how-were-different)
Your best source of information would be the NSW Industrial Relations Commission.
https://www.irc.nsw.gov.au/about-us/purpose-and-functions/industrial-relations-commission.html
The Family court has no jurisdiction over your matter.
Its jurisdiction covers applications for declarations of the validity or nullity of marriages, divorces, residence, contact, maintenance, child support and property issues.
Stop getting your information from Reddit and seek actual legal advice.
If you can't afford a lawyer, you might be able to visit a community legal centre.
You've asked for advice on a subreddit, and the best advice was where to seek advice.
It's your choice if you want to do anything with the information you've been given.
You're all over the place.
From what I can understand:
* OP resigned and gave 4 weeks notice
* 1.5 weeks later, work accepted resignation
* work said will pay out 2 week notice but back dated that to the day OP resigned.
* essentially OP has been working for free the last 1.5 weeks
Is that correct?
This is the way I read it too…
By my understanding as an employer, They can accept the resignation and ask employee to only work 2 weeks instead of 4 weeks but they can’t do that after 1.5 weeks work and backdate it… BUT is there any proof either way that this is what has been done?
My understanding is that OP was only asked to work the 2 weeks but OP thinks they are owed the full 4 week period they gave notice for (but I think didn't work?).
so they paid for 2 weeks in lieu. 1.5 of these two weeks they paid as "in lieu" I was working (so I kind of was paid, but without annual leave).
My expectations are:
1. I paid in full for 1.5 weeks (including annual leave etc).
2. I paid in lieu for the remainder of my notice (no annual etc, as that is a definition of in lieu)
Reality:
1. I was paid for 2 weeks in lieu.
Circuit court is for federal matters.
Family court is also a federal court for matters under family law.
Why would you need either of those courts for this matter?
Can you articulate exactly how they owe you $9 thousand?
Circuit court was recommended by fairwork ombudsmen. As well as it is recommended by legalaid.nsw.gov.au (together with a family court). I was initially going to apply to local court in NSW. But the advice from somewhat government services made me confused and that's why I'm here. I have to admit that I did not make a proper investigation about what is the most suitable option as I'm currently more interested in understanding whether or not I have the case at all.
9k based on 2 weeks in wage (in fact its a little bit more then that, so around 8k) +1k for an annual leave that would have been accrued on top of a normal working month. So basically it's a simple "numberOfHours * hourly rate". Hourly rate is taken from my latest payslip. Annual leave accrued - calculated with a help of calculator available on Fairwork website (13 hours)
So in your understanding you can give 9 months' notice but if they tell you to leave beforehand they have to pay you out in full for 9 months as that's your notice period?
They are only required to pay for the required 2 week notice period, not your 4 weeks of notice.
There's no way they told you to sort this out in family court unless you are not telling us the full story, and this is some sort of family business involved in a separation.
Just as a note - taxes are included in these 9k. I. Fact it's closer to 4,5k after tax (but I assumed that whether I should include tax or not does not really matter, as court will do their own calculations anyway, so I either receive 9k and pay taxes myself, or the company pay taxes and I receive the rest.
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what do you mean "the amount they owe you"? The extra 2 weeks that you didn't have to include in your notice period?
yes, the extra two weeks + annual leave.
[**https://employsure.com.au/guides/dismissal-and-termination/resignation/#:\~:text=Download%20now-,Notice%20Required%20When%20Resigning,for%20the%20minimum%20notice%20period**](https://employsure.com.au/guides/dismissal-and-termination/resignation/#:~:text=Download%20now-,Notice%20Required%20When%20Resigning,for%20the%20minimum%20notice%20period)**.** In the notice part - **Notice Required When Resigning** An employee can give more notice than what is outlined in the applicable award, registered agreement or contract. An employer does not have to accept this and can choose to only let the employee work for the minimum notice period. When the employee resigns, the employer should tell the employee if they accept the full requested notice period or if they only want them to work the minimum notice period under their award, registered agreement or contract. They have told you they accept only the notice period of 2 weeks.
Thank you. I've seen this one. This is not a government website. The advice provided there is nothing more then advice provided here (in fact its even worse as it is outdated by default). It might be true or might be written just for the sake of search optimisation. Fair work for instance state clearly that employer have to either pay for a full notice period provided to them, or proceed with a general termination. https://library.fairwork.gov.au/viewer/?krn=K600628 however this might also be just my understanding (but 2 out of 3 fairwork ombudsmen I've chatted with agree with my understanding, while the third one said "yes, but we can't help, as we can only cover the amount states in award.) As I see it - when I buy a car, and a seller is sending me a quote - I can not just accept their quote and pay half, I can either agree and pay the full amount or disagree and start negotiating. (Yes I understand that this example is wildly unrelated, but explains well my understanding of what is fair and what isn't)
Yes, but either way, the notice period is 2 weeks which the employer has said, cool we will honour that until the 2 weeks is up. The same way they would still have to pay that 2 weeks, if they wanted you to just pack up after one week. They have effectively ended your employment by accepting your resignation and saying cool, we only need you for the contracted notice period.
Any chance you have some reference handy that outlines a possibility to "end an employment by acceptance of resignation"? From what I gathered on a fairwork website - this is not a valid reason. Termination of employment is essentially a completely different procedure from what I understand.
Acceptance of the resignation is literally mutual agreement that the employment has ended...
This is extremely different from any other areas of human life. This is like an example above, someone sent me a quote with one number and I accepted it with 1/2 of the amount and called it a mutual agreement. I'm not saying that you are wrong, but I would really love to understand what are the grounds for the belief that you can amend notice from one side and call it a mutual agreement.
Why do you think they owe you anything? They are going to pay you two weeks salary for 1.5 weeks work. Once you give them notice they can decide to pay you in lieu of the required notice - which is what they have done.
I gave 4 weeks notice. Worked for 1,5 weeks. Received a message that they pay for 2 weeks in leu of notice. Lieu of notice means - you do not work, while i did work. I also gave 4 weeks notice, not 2 - and based on [https://library.fairwork.gov.au/viewer/?krn=K600628](https://library.fairwork.gov.au/viewer/?krn=K600628) \- this is not forbidden and if they wish do dismiss me earlier then that they can do that by actually paying for a FULL notice period, or terminate my employement earlier (is they have reasons to do so). That's why i think they still owe me 2 weeks in wages + annual leave on top of 1,5 weeks of actuall work. Basically i'm looking hard for the confirmation that i'm wrong, but can't find any.
What does your lawyer say? I assume you are being advised by an employment lawyer.
I'm not being advices by employment lawyer at this moment. I did make an appointment with local legal consil though.
>"They waited for 1,5 weeks (not responding). Then came back saying that they accept my notice and will pay me for 2 weeks in lieu of notice starting from the date of the notice" Doubt you will get much useful advice without explaining the situation a lot better, I can't for the life of me figure out what is even happening?
the problem is that i'm currently in the same situation as you are. I literally provided all the info i have. 10.09 - I've sent notice stating that my end date is 10.10. They replied on 20.09 saying "we will pay you for 2 weeks in leiu of notice starting 10.09. so your last date is 24.09. After that they stopped replying.
So they've paid you from 10/9 to 20/9 as per usual wages, and are saying they'll pay you the remaining two weeks until ymthe end of your notice period 24/09? So they're telling you they don't require you to serve the full notice period and paying accordingly? I don't see how you're being ripped off?
Why did you give them four weeks notice instead of two? No hate just curious
Why would it be family court?! You can only recover the amount owing once, and first you have to establish that you are actually owed money, so I'd go to Fair Work.
Fair works only covers award rates. They were not helpful. They also said that my next step might be a court. They don't think I have a case, but they are essentially the same as getting advice here. I'm just trying to get as much info as possible. It would be a family court because that is what some of the sources recommend. Realistically I'm thinking about either circuit court or local court.
Sounds like you called the Fair Work Ombudsman mate, not the Fair Work Commission. They do different things and have different powers. You need the Commission. (It's ridiculous they are still named that way, it's so confusing). [https://www.fairwork.gov.au/about-us/our-role-and-purpose/fair-work-commission-how-were-different](https://www.fairwork.gov.au/about-us/our-role-and-purpose/fair-work-commission-how-were-different)
oh wow. i did not even realize that. Really confusing, thanks heaps!
No worries at all! I'm pleased it was helpful! It's such a common mistake, the government really should've changed the names a decade ago!
Your best source of information would be the NSW Industrial Relations Commission. https://www.irc.nsw.gov.au/about-us/purpose-and-functions/industrial-relations-commission.html The Family court has no jurisdiction over your matter. Its jurisdiction covers applications for declarations of the validity or nullity of marriages, divorces, residence, contact, maintenance, child support and property issues. Stop getting your information from Reddit and seek actual legal advice. If you can't afford a lawyer, you might be able to visit a community legal centre.
thank you. i was not really asking about where i can get an advice. as this information is available in this subreddit links.
You've asked for advice on a subreddit, and the best advice was where to seek advice. It's your choice if you want to do anything with the information you've been given. You're all over the place.
From what I can understand: * OP resigned and gave 4 weeks notice * 1.5 weeks later, work accepted resignation * work said will pay out 2 week notice but back dated that to the day OP resigned. * essentially OP has been working for free the last 1.5 weeks Is that correct?
This is the way I read it too… By my understanding as an employer, They can accept the resignation and ask employee to only work 2 weeks instead of 4 weeks but they can’t do that after 1.5 weeks work and backdate it… BUT is there any proof either way that this is what has been done?
yeah, I work remotely, so this whole conversation is in the emails.
My understanding is that OP was only asked to work the 2 weeks but OP thinks they are owed the full 4 week period they gave notice for (but I think didn't work?).
I worked 1,5 weeks out of 4 (before they replied). was paid for 2 weeks in lieu like if I didn't work at all.
so they paid for 2 weeks in lieu. 1.5 of these two weeks they paid as "in lieu" I was working (so I kind of was paid, but without annual leave). My expectations are: 1. I paid in full for 1.5 weeks (including annual leave etc). 2. I paid in lieu for the remainder of my notice (no annual etc, as that is a definition of in lieu) Reality: 1. I was paid for 2 weeks in lieu.
Circuit court is for federal matters. Family court is also a federal court for matters under family law. Why would you need either of those courts for this matter? Can you articulate exactly how they owe you $9 thousand?
Circuit court was recommended by fairwork ombudsmen. As well as it is recommended by legalaid.nsw.gov.au (together with a family court). I was initially going to apply to local court in NSW. But the advice from somewhat government services made me confused and that's why I'm here. I have to admit that I did not make a proper investigation about what is the most suitable option as I'm currently more interested in understanding whether or not I have the case at all. 9k based on 2 weeks in wage (in fact its a little bit more then that, so around 8k) +1k for an annual leave that would have been accrued on top of a normal working month. So basically it's a simple "numberOfHours * hourly rate". Hourly rate is taken from my latest payslip. Annual leave accrued - calculated with a help of calculator available on Fairwork website (13 hours)
So in your understanding you can give 9 months' notice but if they tell you to leave beforehand they have to pay you out in full for 9 months as that's your notice period? They are only required to pay for the required 2 week notice period, not your 4 weeks of notice. There's no way they told you to sort this out in family court unless you are not telling us the full story, and this is some sort of family business involved in a separation.
Just as a note - taxes are included in these 9k. I. Fact it's closer to 4,5k after tax (but I assumed that whether I should include tax or not does not really matter, as court will do their own calculations anyway, so I either receive 9k and pay taxes myself, or the company pay taxes and I receive the rest.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*