Giving Resignation Notice over Holiday Period

JDearyMe on 22/11/2024 - 10:35

Hi all!

I recently submitted my notice of resignation to my company. I have leave scheduled for the 20th of December till the 3rd of Jan, so in my resignation letter i stated my final day of employment with the company will be the 3rd of Jan.

HR has gotten back to me and said actually my final day will be the 20th of December. This is clearly to avoid paying public holidays over the Christmas period. I could have waited and submitted my notice 4 weeks before 3rd of Jan but I chose to do it now out of good faith and the company has definitely not acted in the same way.

My question is, am I able to enforce the Jan 3rd end date if that's what I've specifically stated in my letter? Are the able to force me to leave early and only pay till 20th of December?

Any help appreciated.

Thanks!

Education & Work

Comments

  • askbargain on 22/11/2024 - 10:38
    +10

    been asked and answered before

    it's a notice, they can do whatever they want.

    everyone knows to hand in notice after cashing in all public holidays (dec + apr) and annual leave

    https://www.ozbargain.com.au/node/834695

    https://www.ozbargain.com.au/node/841806

    • JDearyMe on 22/11/2024 - 10:46

      Hmmm I see. I thought about doing that but considering it would have been about a week of work left before I quit I didn't want to screw over my current team. Good to know operating in good faith is reciprocated

  • Pufff on 22/11/2024 - 10:40
    +1

    Read your contract on what the termination/resignation period is. Once you give notice they can pay you out for that period or make you work until then.

  • haemolysis on 22/11/2024 - 10:51
    +12

    "In good faith" lol. You're both trying to rip each other off over pay for non-worked period. Which is totally fair, it is your right and you're entitled to do so! But are you really acting like you're doing them a favour? A bit rich.

    • JDearyMe on 22/11/2024 - 10:55

      In good faith to my team, not the company

      • JimmyF on 22/11/2024 - 11:44
        +10

        In good faith to my team, not the company

        LOL there is no extra good faith to your team, you tried to scam some extra paid days.

        Your team doesn't get any extra from you if you finish on the 20th of Dec or 'work' through to the 3rd Jan. Either way, the last day they will see you is the 20th of Dec the rest is leave/PH.

        • JDearyMe on 22/11/2024 - 16:30

          No they actually benefit me letting them know now however, as we're in the middle of a planning week for the next 3 months. Made sense to not withhold the fact I wouldn't be around when they're assigning me tasks

  • brendanm on 22/11/2024 - 10:55

    To find out if you are correct, make the numbers even wilder than they current are. Assume you told them your last day will be October 13th next year. Do you really think they would have to keep you employed until this date?

    The notice period works both ways.

  • JDearyMe on 22/11/2024 - 10:56
    +7

    Alright cheers guy, understood I messed up. Lessons learnt

  • freefall101 on 22/11/2024 - 10:57

    To be fair, it's not just your leave, they'd have been paying you for a pile of public holidays. That is the issue from their perspective.

    They also could have cancelled your leave and made you work on the regular work days, would you have agreed to that?

    • CheapandUsed on 22/11/2024 - 11:14

      They also could have cancelled your leave and made you work on the regular work days

      Yeah I experienced this one… and then had my start date delayed anyway so could have given notice after the break.

  • sumyungguy on 22/11/2024 - 10:57

    Fair Work: Ending the Notice Period Early

  • AustriaBargain on 22/11/2024 - 11:10
    +3

    You should have waited bud.

  • Drakesy on 22/11/2024 - 11:34
    +2

    Ya played yourself.

  • JimmyF on 22/11/2024 - 11:42
    +3

    HR has gotten back to me and said actually my final day will be the 20th of December. This is clearly to avoid paying public holidays over the Christmas period. I could have waited and submitted my notice 4 weeks before 3rd of Jan but I chose to do it now out of good faith and the company has definitely not acted in the same way.

    You played a game and lost.

    Just like you wanted to cash in on the public holiday money, they don't want to pay it out. It appears you have given enough noticed for them to shorten your notice period. You will be paid your annual leave balance.

    My question is, am I able to enforce the Jan 3rd end date if that's what I've specifically stated in my letter? Are the able to force me to leave early and only pay till 20th of December?

    Nope, what is the notice period in your contract? That is the minimum owed to you once you say you are resigning. Basically to stop people saying I've resigned but will be finishing in 20 years so you can't sack me.

  • JIMB0 on 22/11/2024 - 12:39

    What did your union say?

    • Jake D on 22/11/2024 - 12:57

      "Pay us our fee or we'll tell your boss you're not allowed to work"

  • djsweet on 22/11/2024 - 13:17
    +1

    From their perspective your last day will be 20 Dec regardless of whether or not you technically continue employment until Jan 3. So they are just acting in their best interest minimising their financial liability. Never give more notice that your contract stipulates because your company will always act in their best interest, never the interest of an employee who has already resigned. I guess you just learned that the hard way, but its a mistake you probably won't make again.

  • cheekymonkey97 on 22/11/2024 - 14:35
    +1

    I love watching people learn the hard way that you never ever "act out of good faith" when it comes to large companies. They will never hesitate to screw you at the first opportunity they get.

  • sumyungguy on 22/11/2024 - 16:16

    Consider for your next rodeo: when it's [3-Jan minus your nominal notice period], resign with date effective 3-Jan. Instead of booking ARL from 20-Dec to 3-Jan, take sick leave day by day which you would have saved up for this purpose. Second part of the lesson: never again allow yourself to get outmanouevred by your employer.

  • JDearyMe on 22/11/2024 - 16:21
    +1

    Just for reference I only gave notice now as my team of 6 is currently going through planning for our next 3 months of work and tasks were starting to be assigned to me long term that I knew I wouldn't be here for. So I let know now to not screw them over. Didn't sit right with me to pretend like I would be

    Naturally, that was the error and should have waited as people have said.

    • sumyungguy on 22/11/2024 - 16:24

      Could you have shared in-confidence with your colleagues without disclosing to your employer?

      • JDearyMe on 22/11/2024 - 16:29
        +1

        Potentially if I'd have known to share my scheme with him beforehand. Again, lessons learnt

  • AndyC1 on 22/11/2024 - 17:19

    HR is not for you, it is for the company.
    Once you resign or a given notice assume the company will only pay you for the min notice period they have to legally do or if the fire you then they may walk you out of the building at any time and pay you for the rest of the notice period.

  • yellowfever on 22/11/2024 - 21:10

    So effectively you donated 3 public holiday pay to your co workers LOL. And what benefit do they get? A little earlier planning because you left. That is a bit silly.

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