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Thread ID: 78205	2007-04-07 08:23:00	Employment Termination Notice	learning (5137)	PC World Chat

Post ID	Timestamp	Content	User
538784	2007-04-07 08:23:00	Just a quick question. When leaving employment you generally give 4 weeks notice before leaving, if you dont what action can the employer take? individual employment contract with a company does say that you are required to give 4 weeks notice, but doesnt say what the consequences will be if you give less then 4 weeks notice? Can they deduct $$ out of your accrued annual leave?? Is there a general NZ rule under which employers can take certain actions even though it doesnt spell out the consequences in the individual agreement with employee thanks	learning (5137)
538785	2007-04-07 08:35:00	You can be held liable for any costs incurred by the company that are caused by your early departure. I am a firm believer that when somebody resigns they should be paid out for their notice period and escorted off the premises. The amount of damage that can be caused by a disaffected employee is enormous!	Chris Randal (521)
538786	2007-04-07 08:42:00	www.ers.dol.govt.nz Trevor :)	Trev (427)
538787	2007-04-07 09:21:00	I would say it would depend on whether the situation is amicable when you hand in your notice. I think most employers are pretty understanding	radium (8645)
538788	2007-04-07 09:37:00	thanks chris/randal...i think it would be best to give 4 weeks notice then to be o nthe safe side. Trev u gave a very usefull link which although maybe quite clear to others, it confused me a little - when u leave a company and the annual leave which is accrued - is it paid out a higher rate then normal pay rate?? as an example, the accrued annual leave is 150hrs and length of employment is 2 years 3 months with the last annual leave taken was about 2 weeks ago (for 3 days only though). Theres also 40 hours accrued in Day in Lieu. So i am not sure if the 190hrs will be paid out at a different rate then normal pay rate?	learning (5137)
538789	2007-04-07 10:51:00	What does the contract say?	bob_doe_nz (92)
538790	2007-04-07 12:21:00	As mentioned just look at your contract. The last few jobs I had were all two weeks notice. Anyway, yes they can dock your final pay and other entitlements if your leaving breaches the contract.	Greg (193)
538791	2007-04-07 21:15:00	have a talk to your employer, some will waive then contract conditions as for accured leave check your contract or talk to your HR/Accounts dept.	beama (111)
538792	2007-04-09 04:43:00	So i am not sure if the 190hrs will be paid out at a different rate then normal pay rate? Holiday pay is calculated as a percentage of gross income in order to take into account overtime earnings. For example, if you have never worked anything other than a flat 40 hour week it will be paid out at your current pay rate. If you have regularly worked (paid) overtime it will be paid out at a rate higher than your 40 hour rate. This is a simplistic view though, because other payments may be included, which will also increase the amount paid relative to your flat hourly rate. For more detail, search the Department of Labour (or its current equivalent) website. Leaving without giving the required notice may well cost you, but to keep things fair and equitable, if you give 4 weeks notice on Monday and the Boss says finish on Friday, he still has to pay you the remaining three weeks pay. Notice applies both ways. If he forces you to finish in less time than your notice offered and doesn't pay for the full notice period you gave, that constitutes a dismissal and you can recover the lost wages plus compensation. Helps keep bosses honest!! Put your resignation, notice period and termination date in writing and give it to the boss, in front of a witness if possible. Keep a copy yourself and get him to sign it. If he won't, get it countersigned by a witness, that should be good enough to protect your rights. Cheers Billy 8-{)	Billy T (70)
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