As an employer, you will inevitably experience employee resignation and termination. Regardless of why an employee\u2019s employment ends, you likely owe them certain entitlements. If you fail to provide such entitlements, your outgoing employee can seek to recover unpaid annual leave, compensation and legal costs due to your breach. Hence, you must understand that you owe your employees certain entitlements upon termination. This article will explain:<\/p>\n\n\n\n
As an employer, you must ensure that you pay your employees for the work they have completed upon termination or resignation. All payments should be made in their final pay or as otherwise agreed between the parties. <\/p>\n\n\n\n
Nevertheless, an employee\u2019s additional entitlements often depend on their employment arrangement.\u00a0As part of the fair process, employees are also entitled to a minimum notice period in terms of termination<\/a>.<\/p>\n\n\n\n Generally, casual employees work on an on-call basis. Due to the nature of the work of casual employees, it is not practical to provide annual holiday leave. Hence, employers pay their casual staff 8% yearly leave or holiday payment. As a result, you do not typically owe casual employees any payments upon resignation or termination. <\/p>\n\n\n\n Employees who work on a part-time or full-time basis have similar employment agreements where they are entitled to any annual leave<\/a> payments they have accrued.\u00a0\u00a0<\/p>\n\n\n\n Where a fixed-term position is for 12 months or less, your employee may agree to have their holiday pay included in their regular salary and wage payments. Therefore, an employer may not owe holiday pay to the employee at the end of their employment.<\/p>\n\n\n\n However, you may owe them annual leave payments if you do not provide them with holiday payments.<\/p>\n<\/div>\n\n\n\n Any unused annual holiday entitlements<\/u><\/strong><\/a> extend an employee\u2019s end-of-employment date. Therefore, any public holidays during that period must be dealt with as if they were still employed. Similarly, any public holidays that fall within your employee\u2019s notice period should be dealt with as public holidays accordingly. <\/p>\n\n\n\n If you are unsure whether your employee is entitled to any paid annual holidays, then you should consider:<\/p>\n\n\n\nCasual Employees<\/strong><\/h3>\n\n\n\n
Part-Time and Full-Time Employees <\/strong><\/h3>\n\n\n\n
Fixed Term for Less Than 12 Months<\/strong><\/h3>\n\n\n\n
ublic Holidays<\/strong><\/h2>\n\n\n\n
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