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#1 I'MAMUM

Posted 15 January 2013 - 12:49 AM

Hi All

Here goes my question ... Please excuse me if my terminology is incorrect, he's never been under this type of arrangement previously.  Mostly he has worked casual hours and we understand the good / bad of that.  But this is a whole new monster that we have no idea of.

My DH took up a position towards the end of November last year which is salary based.  We live in Darwin, NT.  

Anyhoo ... Over Christmas the company had 2 weeks off.  DH is on 3 month trial period (btw).  Is he supposed to get paid fully for that period?  Would the pay be paid in one hit or weekly as he normally does.  Does being paid in one sum attract more tax being deducted?  

We believe that since he and the company have agreed to an amount that is to be paid over 52 weeks, then yes he should be paid since the company are calling the holiday.  Otherwise he will not get the correct yearly income.    So they were off for 2 weeks Christmas leave plus the week they had worked.  Three weeks pay.  He got a funny amount in his pay and it is about $700 short of what he should get for that time.  He normally gets $1230 (approx) per week in the hand - he got $2921 (around that) in one lump sum.  So if paid for the 3 weeks then he should have received $3690.  Following me?  Hope so. lol

He has asked for his payslip a couple of times ... received todays but apparently the one for over the leave time isn't available yet.  Shonky much???

Honestly we can't afford for him not to be working right now.  We don't want to go in guns blazing but we also don't want them to do the shonky on us.  We can't afford that either.  

What would your advice be?  Who could we ring for good advice?  

Thanks for any help!!!!

#2 SplashingRainbows

Posted 15 January 2013 - 01:18 AM

Your DH will only receive paid leave that he has accrued (unless te employer allows him to receive leave in advance - which they don't have to do). This is set out in law.
If your DH only started in November he wouldn't have accrued more than about 3 days annual leave (plus public holidays).
It does sound to me like the employer is probably correct.

I wouldn't be writing the employer off as shonky just yet. The pay slip must be available - that's how they work out how to pay in the first place. Just ask for it again nicely - it's unlikely anyone can help your until you have that.

#3 Skittie

Posted 15 January 2013 - 01:19 AM

I would say that he wouldn't get paid for the 2weeks they shut down as this would come out of your holidays but he wouldn't have accurred any.  
He would have got paid for the public holiday (3 days)
BUT...... most companys would have paid him 2 wks holidays in lieu.

you can call Wageline and get clarification.

Also at Newsagents you can get the tax table form or on the ATO website to work out the tax on 3weeks wages and see if the $700 is tax ???  if its over you will get it back at end of financial year.

They must supply you with your pay slip - send them an email asking for a copy within 7 days please - just say you need for centerlink or something like that or the bank.

I understand that you dont want to rock the boat as its all new - so wage line may be able to make it clearer for you.

hope this helps a bit original.gif

#4 lozoodle

Posted 15 January 2013 - 05:43 AM

He wouldnt have accrued enough annual leave yet to cover that time off, they dont have to pay him for the sh*t down period if he has no leave owing, it would be leave without pay. Sucks but its not illegal.

#5 Mpjp is feral

Posted 15 January 2013 - 05:57 AM

I'm in hr. It sounds correct to me, as pp's have said, he would have accrued 3-4 days leave and that is what he's been paid for. Completely legit and in line w legal requirements. I disagree w the pp who said 'most' employers would have paid that in lieu, in fact this is extremely rare.

They do need to provide payslips, just ask again, and if they say they're unsvailable ask why, and when they will be available.

#6 MrsLexiK

Posted 15 January 2013 - 06:00 AM

Yup as others have said the company wouldn't have had to if paid him for all those holidays as he wouldn't accrue much, perhaps with the public holidays and maybe a few days he would of had some pay (but not three weeks worth) also the person doing the pays may not be there or back from holidays which could be the delay. The pays might be automatic normally (ie set amount each week) hence why you are not getting payslips every week (I know I don't I can ask for them) expect for the Christmas period and as I said the person may not be back yet. Also you could of had a bonus or something paid as well.

#7 asdf89

Posted 15 January 2013 - 06:34 AM

Is his work public or private sector? I work in the public sector and we have a shutdown for Xmas each year (from Xmas day to the first working day after new years) and that gets paid at normal rates and doesn't come out of our leave.

Or does his pay normally include allowances? These might not have been paid for a shut down period as he's not actually on site.

I wouldn't get too worried until you see the pay slip and know what has actually happened.

#8 DreamFeralisations

Posted 15 January 2013 - 06:46 AM

He should be paid for all public holidays he would normally work.

He should be paid any leave he has owing - as other posters have said.

Double check that they have taken out the right tax - I have seen when a lump sum is paid the tax is assumed to be for that amount in a week rather than across the time.

They should have the pay slips - for them to do the pays on most computer software dealing with such accounts activity, that information is automatically generated.

#9 LittleListen

Posted 15 January 2013 - 06:58 AM

I agree with the other posters OP that your DH has not accrued the full amount.

Understand that this time next year he will have accrued a full leave entitlement and will be therefore paid for the entire shut down.

Regarding the payslip, where I work payslips can take 1-3 weeks at this time of year as the admin team are on skeleton staff, so that doesn't surprise me at all. If he is paid in arrears and they pay fortnightly or monthly (I can't see in your post where you specify how regularly he gets paid) then the payslip may not be ready for another week.

I'd be clarifying how much of the break was unpaid leave.

#10 roses99

Posted 15 January 2013 - 07:15 AM

I think it's most likely fine.

As PP's have said, it's either a case of not having enough accrued leave (and therefore being leave without pay)  OR he's been slugged a stack of tax because of the money all being paid at once.

I often get paid for a couple of weeks at a time (casual) and can lose close to half of it in tax in one hit. But it doesn't really worry me as I just consider it forced saving and look forward to a nice end of financial year refund  original.gif

If it were me, I'd just be making a very polite phone call to HR and asking for clarification. But definitely don't let him go bull-at-a-gate over it, under the (probably incorrect) assumption that he's been wronged.

#11 laridae

Posted 15 January 2013 - 07:18 AM

QUOTE (asdf89 @ 15/01/2013, 07:34 AM) <{POST_SNAPBACK}>
Is his work public or private sector? I work in the public sector and we have a shutdown for Xmas each year (from Xmas day to the first working day after new years) and that gets paid at normal rates and doesn't come out of our leave.





Thats unusual.  Normally it still comes out of your leave - but you dont need to submit a leave form (it just comes out automatically), or at least thats always how its worked in the public service I've worked in.  Its not extra public holidays, after all.

OP, like the others have said, they dont have to pay him for leave days if he hasn't got enough accrued leave, even if it is enforced leave.  Next year he'll have enough (assuming he doesn't use them all).

#12 FiveAus

Posted 15 January 2013 - 07:39 AM

QUOTE (laridae @ 15/01/2013, 08:18 AM) <{POST_SNAPBACK}>
Thats unusual.  Normally it still comes out of your leave - but you dont need to submit a leave form (it just comes out automatically), or at least thats always how its worked in the public service I've worked in.  Its not extra public holidays, after all.

OP, like the others have said, they dont have to pay him for leave days if he hasn't got enough accrued leave, even if it is enforced leave.  Next year he'll have enough (assuming he doesn't use them all).



It could be that in their particular agreement, they work slightly longer days throughout the year to "accrue" the leave time over Xmas-New Year. It's generally only 2 or 3 regular working days anyway, as public service employees get an extra public holiday that's often taken over that period (in fact in the agreement I work under, it's the day after Boxing Day). So last year, with Xmas on a Tuesday, the only work days were Monday 24th, Friday 28th and Monday 31st December. The rest were all weekends or public holidays.

#13 I'MAMUM

Posted 15 January 2013 - 07:40 AM

Thanks so much to you all for replying and jolting me into standing back and looking at this with a different perspective.  I think that our expectations were definitely incorrect and can see why now.  Good to know. original.gif  

Will get him to inquire again about this payslip at the start of next week.  Hopefully it's just due to the Christmas period.


#14 malibu71

Posted 15 January 2013 - 07:51 AM

Your husband could just ask the other staff... how does the leave over Christmas work usually - even if he was paid correctly with a higher wage if they paid you 3 weeks in one hit instead of 2 the tax you paid could have made that much difference as well... not fair but that's the tax system.

Waiting for the payslip to be available would be your best bet and you can understand it completely - don't assume they have done anything wrong when there are so many other possibilities...

Good luck

#15 Gumbette

Posted 15 January 2013 - 07:52 AM

QUOTE (Skittie @ 15/01/2013, 02:19 AM) <{POST_SNAPBACK}>
I would say that he wouldn't get paid for the 2weeks they shut down as this would come out of your holidays but he wouldn't have accurred any.  
He would have got paid for the public holiday (3 days)
BUT...... most companys would have paid him 2 wks holidays in lieu.

That's what DH's company did even though he'd only been there a month, not mandatory obviously, but it was just nice not to be short over Xmas as I wasn't working, and makes you appreciate your boss a bit more.

#16 bright*future

Posted 15 January 2013 - 09:19 AM

QUOTE (brighton14 @ 15/01/2013, 02:18 AM) <{POST_SNAPBACK}>
Your DH will only receive paid leave that he has accrued (unless te employer allows him to receive leave in advance - which they don't have to do). This is set out in law.
If your DH only started in November he wouldn't have accrued more than about 3 days annual leave (plus public holidays).
It does sound to me like the employer is probably correct.

I wouldn't be writing the employer off as shonky just yet. The pay slip must be available - that's how they work out how to pay in the first place. Just ask for it again nicely - it's unlikely anyone can help your until you have that.


Exactly this. I'm HR and we just went through the same thing over Christmas with a number of our staff having varying shut down periods. It does suck and every year I hate enforcing it.

#17 laridae

Posted 15 January 2013 - 09:20 AM

QUOTE (FiveAus @ 15/01/2013, 08:39 AM) <{POST_SNAPBACK}>
as public service employees get an extra public holiday that's often taken over that period (in fact in the agreement I work under, it's the day after Boxing Day).


That's interesting, 'cause I've never heard of that happening either!  No extra 'public' holidays for the PS down here between xmas & New Year - we do get Easter Tuesday though (which is a long standing 'bank holiday').

#18 FiveAus

Posted 15 January 2013 - 09:26 AM

QUOTE (laridae @ 15/01/2013, 10:20 AM) <{POST_SNAPBACK}>
That's interesting, 'cause I've never heard of that happening either!  No extra 'public' holidays for the PS down here between xmas & New Year - we do get Easter Tuesday though (which is a long standing 'bank holiday').



Federal public service get an extra holiday. In my department it used to be able to be taken on any day over the Xmas-New Year period, then it could be taken at any time during the year, then in the last agreement, which came into effect last year, it's now permanently tacked on after Boxing Day. Not sure about other departments, they would work under their own agreement.

When I worked for Telstra, we also got an extra public holiday, it was called Telstra Day and we could take it at any time. It was a carry over from the PMG and Telecom days when the tele-services were government owned.

#19 FeralRebelWClaws

Posted 15 January 2013 - 10:48 AM

Even if he was paid holiday pay is it possible it was just 2 weeks pay and then leave loading?

Some employers split the holiday pay and pay some early and then some slightly later. He will have to ask original.gif

#20 The Old Feral

Posted 15 January 2013 - 02:17 PM

QUOTE (FiveAus @ 15/01/2013, 10:26 AM) <{POST_SNAPBACK}>
Federal public service get an extra holiday. In my department it used to be able to be taken on any day over the Xmas-New Year period, then it could be taken at any time during the year, then in the last agreement, which came into effect last year, it's now permanently tacked on after Boxing Day. Not sure about other departments, they would work under their own agreement.


I think we're colleagues, FiveAus original.gif

#21 Julie3Girls

Posted 15 January 2013 - 02:29 PM

QUOTE
That's interesting, 'cause I've never heard of that happening either! No extra 'public' holidays for the PS down here between xmas & New Year - we do get Easter Tuesday though (which is a long standing 'bank holiday').

It might depend on what state you are in, particularly if you are talking about Federal public service.
Different states have different number of public holidays. Our company  (private, Australia wide) used to give the NSW employees an extra "public holiday" each year, because NSW had one less public holiday than other states.  Normally put it in around Christmas time. All about equality throughout the company.

#22 SeaPrincess

Posted 15 January 2013 - 04:50 PM

QUOTE (laridae @ 15/01/2013, 07:20 AM) <{POST_SNAPBACK}>
That's interesting, 'cause I've never heard of that happening either!  No extra 'public' holidays for the PS down here between xmas & New Year - we do get Easter Tuesday though (which is a long standing 'bank holiday').

I used to work in the WA public service and we got 2 extra public hols - the day after New Year and Easter Tuesday, but we could take them whenever we wanted, provided they were taken in the same calendar year. I used to take both during our Christmas shut down period.




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