Resigning at work. What are my rights?

W

want2bewealthy

Hi.

I live in the Northern Territory and have been working at a retail outlet for the past 5 years. We have a lot of staff come and go, no-one seems to stick around very long. I have personally witnessed many employees be bullied after they've given notice so they don't stick around and are not paid their entitlements, and even though I work beside my boss and am classed as a "friend'' I know that I would be treated the same and I do not want to have to deal with that.


I have about 3 months worth of holidays owing to me and once I give my notice I will be treated badly. I'd like to know my rights.

1. do I have to give notice to be entitles to my full payout?

2. If yes, While I'm serving out this notice, if I am being treated unfairly, do I still have to stick out my time, or am I entitled to leave and still receive full pay?

I've searched online and have found plenty on rights if one is laid off, but nothing on rights when you call the shots. Because this is a Family business (them, not me) I don't feel anyone would be prepared to back me up.

Thank you.
 
What type of contract are you on and what does it state with regards to the above regarding notice periods etc, as that will be your guide?
 
Book in holidays that fill your entire resignation notice period. On the final afternoon before holidays, submit your resignation, with your final day being the last day of your holidays.
 
And also, I get 38 hours at a certain rate, and then a bonus of $470p/w
Would pay include this bonus? I've been told that it would not be paid, but it turns up in my pay every week for over 1 year now.
 
want2bewealthy said:
And also, I get 38 hours at a certain rate, and then a bonus of $470p/w
Would pay include this bonus? I've been told that it would not be paid, but it turns up in my pay every week for over 1 year now.
Click to expand...

What do you expect in terms of a pay out ?

Not how much $, but 4 weeks holidats plus ......

If you took your 4 weeks leave as normal holidays without resigning being in the picture, would you get the $470p/w ?
 
Hi Jayc. No, only the 20% leave load. But have long suspected that this may not be legal. Several people have enquired but due to bullying have not taken things further.
 
I have been working at a retail outlet for the past 5 years.
Click to expand...


You are fortunate. IMO, you should go straight up to your employer, shake his/her hand and thank them for the work opportunity they provided you over that 5 year period.


Then leave honourably if you so desire....or stay.


Asking questions of people about how to extract the maximum amount from your employer whilst giving them the least amount in return is symptomatic of everything that is wrong with society. Go ask a lawyer about this, they'll be more than happy to guide you down this track.
 
want2bewealthy said:
Hi.

I live in the Northern Territory and have been working at a retail outlet for the past 5 years. We have a lot of staff come and go, no-one seems to stick around very long. I have personally witnessed many employees be bullied after they've given notice so they don't stick around and are not paid their entitlements, and even though I work beside my boss and am classed as a "friend'' I know that I would be treated the same and I do not want to have to deal with that.


I have about 3 months worth of holidays owing to me and once I give my notice I will be treated badly. I'd like to know my rights.

1. do I have to give notice to be entitles to my full payout?

2. If yes, While I'm serving out this notice, if I am being treated unfairly, do I still have to stick out my time, or am I entitled to leave and still receive full pay?

I've searched online and have found plenty on rights if one is laid off, but nothing on rights when you call the shots. Because this is a Family business (them, not me) I don't feel anyone would be prepared to back me up.

Thank you.
Click to expand...

Hi Want2beWealthy,

It might be worth giving fair work a call before you hand in your resignation (just dont do it within your bosses earshot ;) ), they will be able to give you advice on your exact entitlements under your award and your other queries. best of luck.
 
There is no such thing as honorably with this particular organisation. If there were I wouldn't be here. I've thought about being completely honest but the bullying will still be there. I just want to leave, and be paid what I'm entitled to. I have had about 3 weeks leave over the past 3 years so really, it's been win win for the both of us. I'm not even allowed to take leave these days and that's not fair. Family member are welcome to take it though. Go figure..
 
Thanks all. I will call tomorrow and be done with the questions.

Thank you.

porp_e said:
Hi Want2beWealthy,

It might be worth giving fair work a call before you hand in your resignation (just dont do it within your bosses earshot ;) ), they will be able to give you advice on your exact entitlements under your award and your other queries. best of luck.
Click to expand...
 
want2bewealthy said:
There is no such thing as honorably with this particular organisation. Go figure..
Click to expand...

To me, if you are holding yourself up as upstanding and honourable, then it is impossible for you to accept employment from this organisation for 5 years.

The two concepts don't gel. One isn't true....they both cannot be.
 
want2bewealthy said:
There is no such thing as honorably with this particular organisation. If there were I wouldn't be here. I've thought about being completely honest but the bullying will still be there. I just want to leave, and be paid what I'm entitled to. I have had about 3 weeks leave over the past 3 years so really, it's been win win for the both of us. I'm not even allowed to take leave these days and that's not fair. Family member are welcome to take it though. Go figure..
Click to expand...

And yet you scrounged off them for 5 whole years! Yeah, go figure.
You have the right to go away and thank them for giving you a job.
Of course there are also ways they can screw you too...

BuildingBlocks said:
getting doctors certificates isn't very hard at all.
Click to expand...
Neither is dishonesty on this forum.
 
What's the notice period nowadays? 2 weeks?

What are the employers doing that those leaving can't tolerate working the 2 weeks :confused:.

Not this sort of thing I hope.

a368_Saw.jpg
 
I'm not sure whether not having a contract will make things more difficult for you. But my understanding is that you should get holiday pay paid out, as well as a notice period. You and your employer may choose that you work that notice period, or you may be asked to leave straight away. You would need to check, but I think the holiday pay should be in addition to the notice period. The notice period is generally the same period as your pay cycle. ie if you are paid monthly, it is a month notice period.

If you have worked for over 5 years, then you may also be entitled to some long service leave payments. I would also check that they have been paying your superannuation as required.

Personally, if it is a difficult workplace, I would try to leave as soon as you put your notice in, rather than work out the notice period.

I disagree with PB and Dazz in terms of the payouts. You have "earned" this money and the company should have been accruing it over the years.
But I do agree with them that you shouldnt have stayed 5 years. If you see a company is not ethical or financially sound, its better to move on as quickly as possible.... dont 'tough it out" next time.
 
want2bewealthy said:
Man this place has gotten bad.. I'm not sure why I bother popping in, live n' learn ;)
See ya.
Click to expand...

Yes it sure has gotten so bad that those who take all the risks in employing people have to deal this.
They create jobs for people who are only interested in how to get the most the most pay.
Which is also why i have outsourced many employees, at a fraction of the price, overseas and never intend employing locally again.
 
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