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I have been with a company 4.5 years working 38 hours full

Customer Question
Hi I have been with...
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: 12 months ago.Category: Australia Law
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Answered in 4 minutes by:
11/29/2016
Solicitor: Daniel, Solicitor replied 12 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,827
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

Hello
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.

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Customer reply replied 12 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.
Solicitor: Daniel, Solicitor replied 12 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:
https://www.fairwork.gov.au/

I wish to help you in this situation.

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Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,827
5,827 Satisfied Customers
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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