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I was employed full time with a truck company in western…

I was employed full...

I was employed full time with a truck company in western NSW. I had been employed with them for approximately four months. As far as I was aware, I was not on any probation period, and was never informed of such. On Friday evening, the 4th of August 2017, I resigned from employment with this company, by was of txt message to the owner. I gave two weeks notice of resignation, this would have expired today, 18/8/17.

Lawyer's Assistant: What state is this in? And how old is the truck?

NSW, 2010 model. I accidently sent the incomplete message. Anyhow, the employer notified me on Monday, that my employment was "forth with terminated immediately". I have requested two weeks pay in leiu of notice, this hasn't been paid. Am I entitled to this two weeks wages, as I was prepared to work the two weeks.

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

Lawyer's Assistant: What confuses you?

Filed or reported, what do you refer to

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Answered in 7 minutes by:
8/18/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards
John Melis

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Dear customer, where you have resigned and provided two weeks notice, and then the employer terminates a short time later, that employer is still required to pay you the notice period of two weeks employment in lieu of termination which was immediate.

Where the employer fails to pay the two weeks you can raise an application on the Fair Work Commission website and they will investigate the matter and act on your behalf.

In summary to your question, you are entitled to the payment.

If you have any further questions, I would bee please to answer them.

Kind regards *****

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 11 months ago
At the time of this incident, I was and still am suffering from PTSD. I stated by text to the Operations Manager that I would not claim the entitlement of two weeks pay in leiu of notice, as I did not want to cause any trouble, as my brother still works there. I now regret that decision, as I have a medical condition that requires major surgery, and I will be off work for ten months. Does that rescind my two weeks in lieu entitlement. In regards ***** ***** PTSD, I was medically discharged from the NSW Police Force in 2002, because of that condition.

Dear customer, you are entitled to the two weeks pay as you have followed proper protocol, and if you choose, you could raise a claim at the Fair Work Commission, which would initiate investigation into the matter, and most likely result in a settlement of the two weeks pay.

Kind regards
John Melis

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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