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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5045
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am a small business and am forced to close my doors. I

Customer Question

I am a small business and am forced to close my doors. I have one employee who is on unpaid maternity leave (has been since 8/15). She has been with my firm for 2 to 3 years. I have given her 5 weeks notice. I understand a small firm does not have to pay redundancy in all circumstances. However do I still pay her out her salary for the 5 week notice period even though she was on "unpaid leave" and has not been paid for many weeks ?
Thank you very much
Laura
Submitted: 8 months ago.
Category: Australia Law
Expert:  Daniel replied 8 months ago.

Hello
Well if you give her five weeks notice, then you must then pay that amount as that is the agreement.
Why have you given her such a lengthy time? Sadly at this point, it needs to be paid as that was the agreement.

Expert:  Daniel replied 8 months ago.

I note I have not received a response?
I wish to assist you.

Expert:  Daniel replied 8 months ago.

I note I have not received a response?
I wish to assist you.

Customer: replied 8 months ago.
Dear *****iel,I have received your email answer, that I should pay the female employee for the 5 weeks’ notice. However, being a small firm I understand I don’t have to pay her a redundancy payment. My accountant referred me to Section 117 of the Fair Work Act and said that given she is on unpaid Parental Leave and is in the middle of her 1 year unpaid Parental Leave that payment is not due to her for that 5 weeks just as it wouldn’t if she were on, for example, one years’ leave without pay.Could you please tell me why I have to pay her when the agreed 12 months leave was agreed on an unpaid basis between she and I. I’d really appreciate your answer.
Expert:  Daniel replied 8 months ago.

As that was the agreement made.

If she makes a claim at fair work, fair work would look to that agreement and suggest that it won't be something suggesting otherwise