A member asked almost 7 years ago

Resignation query

Hello, I have been in my position since Jan15 but over the last 5 months my role has changed to manage the overall business following its expansion. I am resigning as the direction of the business is not one I agree with nor are my skills & duties being valued.

I have approx 55hrs toil accrued and 177hrs annual leave. Since Jan17 I have worked overtime with no remuneration. I am booked to attend a trade show & sell our products in London in 3.5 weeks. I have 4weeks annual leave booked following this.

I wish to submit my resignation on Monday, but concerned about the effects on my toil+leave. what do I need to be mindful of? I do plan on offering to stay 3 months to assist with handover.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Generally speaking, when an employee resigns, they are entitled to be paid out any entitlements that have properly accrued during their term of employment. This means you should be paid out for the time in lieu and annual leave that you have accrued since you commenced employment with the employer.

In some situations, the terms of your employment contract may specify the resignation process and what entitlements you will be paid out. You should check your employment contract for how much notice you must give your employer before leaving, what your pay entitlements are, and anything else you think may impact your departure from the business.

If your employment is not covered by an employment contract, you may still be protected by an award or enterprise agreement. You may need the assistance of a lawyer to determine exactly what your rights are if you are covered by one of these instruments.

If you want to claim remuneration for the hours you worked overtime, you should start by speaking to your employer. If you have evidence of the exact hours you worked overtime, this will help clarify the amount you should be compensated. If you employer is unwilling to pay you for the overtime, you may be able to bring a claim against them for unpaid wages. A lawyer can help you prepare this claim.

Suggested way forward

You can find more information about workplace rights on the Fair Work Ombudsman website (www.fairwork.gov.au). You should consider speaking to an employment lawyer if you want more tailored advice about your legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 7 years ago   Legal disclaimer


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