Hello,I have now been involved in a without prejudice discussion aroung my employment which has now effectively mean't that my current role has been disestablished.In the letter it states that I am to work out my notice period till the Friday the 29th June and then remain on as a fully engaged employee until the 20th July 2012 at which time I will have final pay processed.I have been offered and signed an incentive with conditions that will also be processed in my final pay on the 20th July if I comply with the temrs and conditions.My question is that I want to be able to leave the business early as I feel they are being unreasonable and I am prepared to forgo the incentive offered as I don't trust them to pay the full amount even if I complete all of the projects. What I don't want to do is miss out on any of my final pay becasue the chose to leave early?Regards,Rob
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
In this situation, there is a written agreement inplace to pay, although you are saying that you do not trust them to comply with this. i was not sure from your quesion whether you are still working,-you use the term fully engaged, but refer to working out the notice period until 29th June. If this means you have agreed to keep working until the 20th July, then you also have a contract with them and would need to work this period out to keep your side of the contract. If you do not have to work there, then I assume you may mean you are going to start work somewhere else. Can you clarify this please?
Yes I have found employment elsewhere however it is stated in my signed contract that I am to work out my notice period till the 29th June which has now gone. I have been requested and I have signed a contract that states that I will stay on till the 20th July to complete some special projects etc. In the terms and conditions of that I have found things that they will try to get out of paying the incentive part of the final three weeks.
I simply don't want to carry on working for this company and want to move on and finish now but I need to know if I will still get my final pay (less the incentive) if I finish now. Given that the document states I have finished my notice period
If they are being difficult then they will withhold pay whether you stay, or leave early. My view is that if they are looking for an excuse then leaving early will give them one. I think you are asking if this is legal. The answer is that if they choose not to pay, then you would have to claim through the Employment Relations Authority.
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