Annual leave or compensation?

[gemasp]

Hi guys,

Got a question. I am on the notice and serving last 4 weeks with my employer (perm). And I have 7.5 holiday days left. Manager saying that he will give me 5 days and 2.5 will be compensated with last salary.

Can anyone clarify what law says in that case? Can I demand to be on holiday for all 7.5 days?

I dont really want to get compensation.

Thanks

[Unicorn]

Doubt there is a law..

..which would cover this specifically. I'm guessing your contract says something along the lines of 'Holidays must be approved by management. Holidays are subject to overall business needs. The company will try and be flexible in relation to employee's requests.blah blah.

Any action you try to take would be probably based on words like 'reasonable' and the like. If they'd refused any holiday then they may have been unreasonable. I doubt anyone would take the case on with the exception of if a company denied holiday requests and didn't pay for the outstanding holidays in the final pay.

I had this situation happen, if you had placed your holiday requests before your resignation (and they had been granted) then you'd have been fine. An employer can't cancel approved holiday.

Now the only option is discussing it with your manager.

From their point of view he/she will want the longest handover.
You want your holidays 'due'.
They don't want an employee around who doesn't want to be there.

[oversteer]

My contract says "holidays of over 5 days must be requested four weeks in advance" so you'd be stuck on that.

Just tell them your going to work at your closest competitor, you might get four weeks paid holiday then

[Mich the Tester]

Just as an aside, thanks for reminding us all why we don’t want to go permie. I think if someone gave me crap like that I’d say something very regrettable.

Welcome to life and freedom, and hopefully for you, wealth and happiness.

[Xenophon]

I think if someone gave me crap like that I’d say something very regrettable.

WHS

[Churchill]

If you want to leave immediately then take a dump on the boardroom table - more impact and kudos if you take a crap during a meeting - even more Kudos if it's an AGM, you'll turn it into an Extraordinary AGM...

[Mich the Tester]

From their point of view he/she will want the longest handover.

I don’t think so. I think some fat middle aged middle manager with an overhanging belly, a dysfunctional organ, two kids on crack and a wife who’s shagging the milkman just wants to have a power trip and is using the rules to get his way in at least one tiny aspect of his sad little life.

[Churchill]

If you want to leave immediately then take a dump on the boardroom table - more impact and kudos if you take a crap during a meeting - even more Kudos if it's an AGM, you'll turn it into an Extraordinary AGM...

I don’t think so. I think some fat middle aged middle manager with an overhanging belly, a dysfunctional organ, two kids on crack and a wife who’s shagging the milkman just wants to have a power trip and is using the rules to get his way in at least one tiny aspect of his sad little life.

Even more kudos if you crap on this fellow's desk!

[Unicorn]

Sick permies

I don’t think so. I think some fat middle aged middle manager with an overhanging belly, a dysfunctional organ, two kids on crack and a wife who’s shagging the milkman just wants to have a power trip and is using the rules to get his way in at least one tiny aspect of his sad little life.

Maybe however, gemasp, as a permie, can retaliate by using the self certifying sicky scheme which most employers can do nothing about.

[Mich the Tester]

Maybe however, gemasp, as a permie, can retaliate by using the self certifying sicky scheme which most employers can do nothing about.

MTT's seal of approval.