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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I am trying to find information on our obligations as an employer

Customer Question

I am trying to find information on our obligations as an employer in regards ***** ***** payment of a motor vehicle allowance on termination pay that consists of unused annual leave. The allowance is paid on a fortnightly basis alongside ordinary hours
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Submitted: 5 months ago.
Category: Australia Law
Expert:  Patrick H. replied 5 months ago.
Hello and thank you for your question.Sorry, I'm not understanding how you are saying a vehicle allowance relates to unused annual leave.Are you saying you are unsure as to whether you need to pay a vehicle allowance for a period of annual leave or something else?Patrick
Customer: replied 5 months ago.
Hi PatrickWe have an employee who has resigned from our organisation and was receiving a motor vehicle allowance of $10,000 pa paid in increments fortnightly. In his final pay do I need to include this allowance for his termination pay that consists of 34 days unused annual leave entitlement.Trish
Expert:  Patrick H. replied 5 months ago.
Hello again,Unless the employment contract builds the allowance into a salary figure which you have agreed to pay, then the allowance should only be payable for the period of his actual work, and not be included in a redundancy or unused annual leave, as the allowance is paid to cover the costs of an employee using their own vehicle as part of their work, and therefore should not be payable for a period post the termination of employment at which time the vehicle is no longer being used for work.I trust this addresses your question.Good luck and please rate my answer.Patrick

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