Just been handed employment termination letter ‘due to redundancy’.
End date is Jan 31, but I am no longer working as of yesterday.
I had annual leave booked for all of next week and the xmas to nye gap.
Can/should I just cancel the leave so I get the extra leave pay out? I still have xero access
I’m not working as of yesterday as the owner doesn’t want me to any longer.
So had I not had annual leave booked prior, I wouldn’t be working now anyway
So you've answered your own question really. Cancel it if you can and get paid accordingly.
If you cancel the leave won't you forfeit any holiday loading you are entitled to? You will still be paid your remaining balance.
Not everyone gets holiday loading.
Hence my question, it isn't a statement. If no loading is applicable to their position just cancel the leave now, If they are entitled to loading keep the leave booking and milk some more money from them.
You should be paid it out either way.
I am curious though, if your end date is in jan, why have you finished now? Are you being paid for the gap that you would have worked?
Yes. So not working any further as of yesterday due the redundancy. But being paid regardless up until Jan 31
Yeah definitely cancel it then.
Unless they gave you the end date of jan 31 because you had leave booked. But that’s for them to figure out 😂
You are probably getting paid for the notice period even though you don't need to show up for work, which is quite common(I heard) for redundancies. I would definitely cancel the annual leave.
This is my thinking for sure
It is called "Garden Leave" and you should definitely cancel you annual leave.
https://www.owenhodge.com.au/blog/what-is-gardening-leave-an…
The number of these posts is worrying.
I'm assuming the much-needed recession is knocking on our doorstep
This was a foreign takeover, gave it 12 months, thought they’d extracted what they could, bye bye
You accrue more leave whilst you are on leave (2.9 hours a week roughly), and you are paid super.
If your leave is paid out on termination, they are not required to pay super on the leave as it is not OTE
I'd use as much up as they let you - ideally use it all up as leave, rather than have any paid out
Better to cancel it, if OP can "work" until 31st January. Then they can get the annual leave paid out as well
What do you use xero for ? Do you work there ?
cancel if you can.
Cancel it and claim as much sick leave as you can from now until the termination date.
Probably no need as the company doesn't want them working anyway
No super for unused annual leave paid out. Super applies only annual leave used. Just continue with your leave.
its only 10.5% though.
better get paid annual leaves, rather than wasting them
10.5% is alot
so you'd rather lose the 89.5%?
@silenthillrocks: Yes , it's the termination notice period , the employer has to pay regardless of OP working or not.
In corporate world , it's common for employer to ask redundancee to take a box, pack up and leave effective immediately after the notice / handover , whilst still being paid the termination notice of XX weeks.
They don't want you to plan or prepping for future before your leave , taking down contacts or clients file or projects details , etc etc.
It's not like maccas employer wants you to stay just so they can sell more burgers until the very last day.
@silenthillrocks: Before OP gets his notice, the terminator has already workout the payout figure beforehand weeks/months ago.
The payout package could have either accounted for leave entered but not taken, OR being adjusted to notice period end date as is (though unlikely to do it this way).
As for why is OP even asking,
Maybe he thought Ozb knows better of how employer calculated his payout figure.
Or maybe he thought cancelling his leave will nett him more pay just by asking Ozb.
Or maybe he's hesitant as to cancel leave now will cause trouble on calculating the payout.
Or maybe he's scared to do it as to wondering why his credentials still active for accessing the company portal after he was asked to stood down.
If the management did not want you to work anymore then I would say they'll want you to take holidays you have booked.
Management can take a hike, they already let him go
You wont be able to cancel, you said yourself your locked out of system so your gone in company eyes.
put your feet up have a Christmas break and start looking for next role.
Not locked out of anything. What’re you making up here?
Sorry, missed that bit.
As a company Director looks like you can make your own rules here and have authority outside what a normal employee has when made redundant.
Look forward to you posting what you decide.
My friend is in the same predicament. He got laid off last week with a 4-week notice. The only difference is that he's forced to use his annual leave entitlement during Christmas holidays. Wonder what Fair Work Queensland says about that.
OP why are you asking the question? Why wouldn't you want to cancel it?
No! They will pay super on your leave period but not if you take it as a lump sum pay out
Being paid regardless
Yeah if you cash it out you get 11% less….
So honestly, how much money did you get from redundancy?
Not sure why you are asking random people online. Do you want annual leave or do you want to cancel it?
If the latter, can you cancel it and will the company allow you to continue working?