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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5530
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have been with a company 4.5 years working 38 hours full

Customer Question

Hi I have been with a company 4.5 years working 38 hours full time, they issued me with a document saying that from the 16th of January my position will reduce to 19 hours per week. I am planning to leave can I still get 4 weeks notice pay.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Has anything been filed or reported?
Customer: I was handed a typed document
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Australia Law
Expert:  Daniel replied 6 months ago.

In respect of the matter, what was stipulated in the contract of employment?
If it was 4 weeks notice, then they cannot now contract out of it.
As you have worked there for 4 years, 4 weeks notice appears reasonable on the face of it regardless.

I would go back to them, give notice and request payment of that period and leave your employment on that basis.

So in short, yes, you can claim that period.

I wish to help you in this situation.

Customer: replied 6 months ago.
even though they have changed the terms of employment and gave me the option to leave immediatedly but I chose to take up there option to leave on the 16th of January, Is it still practical to give notice on the 16th of January and claim 4 weeks notice pay.
Expert:  Daniel replied 6 months ago.

They cant just change the conditions in respect of your entitlements.
They can change the hours, but not entitlements.
Any issue with this, contact the Fair Work Ombudsman:

I wish to help you in this situation.