Does this email make sense based on a final leave situation and a 38 hour deduction (for not serving notice) being placed by deleting hours worked off a payslip (e.g. instead of 30.4 hours worked with a seperate line deducting, they’ve just deleted the hours worked and put -7.6 to make the 38)
If this is hard to understand and you can help me please inbox me and I can give you the full context.
Hi XXXX,
Thank you for sending through the updated payslip. Having gone through it carefully, I don’t believe the notice period deduction applies in my circumstances, and separately, I don’t believe the payslip itself has been prepared correctly. I’ve set out both issues below.
1. The deduction shouldn’t apply
The Wednesday and Thursday of my notice period had already been approved as annual leave the week before, for my grandad’s funeral - before my resignation even occurred. Those two days were never going to be worked regardless of my resignation, so they can’t reasonably be counted as “notice not worked.”
Separately, in my resignation email I gave the full one week’s notice required, and I explicitly requested that the remainder of the notice period be covered by annual leave. Your reply acknowledged my resignation and referred to it directly as my “annual leave request,” confirming Beth would follow up on arrangements. At no point was this queried or declined, and it was processed accordingly. Under clause 29.1(e) of the Commercial Sales Award, if an employer has agreed to a shorter period of notice than required under clause 29.1(b), no deduction can be made under clause 29.1(d). Given the request was acknowledged and processed without objection, that agreement was clearly given, and the deduction shouldn’t apply at all.
2. Even if a deduction did apply, this payslip doesn’t reflect it correctly, and doesn’t appear to comply with payslip requirements:
Going through the figures, the payslip doesn’t add up and doesn’t appear to meet basic Fair Work requirements:
• Ordinary hours worked shows as -7.6, with a corresponding negative wage figure of ($250.00). I worked 30.4 hours that period - this should be shown as a positive figure. A deduction, if valid, is meant to be applied to wages due (clause 29.1(d)) - it shouldn’t be netted directly against actual hours worked in a way that drives them negative. Under Fair Work Regulations 2009 (reg 3.46), a payslip must show the ordinary hourly rate and the actual number of hours worked at that rate, and any deduction must be itemised separately with an explanation of how it was calculated. Neither is reflected here - the deduction has just been buried inside the ordinary hours line.
• Leave accrual for this period shows as -0.5846 hours. I worked 30.4 hours that period, so my leave accrual should be a positive figure of approximately 2.34 hours (30.4 hours x 4/52 weeks), regardless of any wage deduction. The -0.5846 figure only makes sense if it’s been calculated off the net -7.6 “Ordinary Hours” figure created by the deduction, rather than my actual hours worked. Leave accrual is a statutory entitlement tied to hours actually worked (NES s.87) and shouldn’t be affected by a separate wage deduction under clause 29.1(d), which only authorises a deduction from wages - not an adjustment to leave accrual.
Taken together, this payslip doesn’t read as a straightforward deduction applied to an otherwise correct pay run - it reads as though the deduction has been applied across both my worked hours and my leave accrual at once, which isn’t compliant with how deductions are meant to be itemised under the Fair Work Regulations, and doesn’t reflect my actual hours worked or leave entitlements.
Given all of the above, I’d like to request that:
1. The notice period deduction be removed in full, per clause 29.1(e); and
2. My final pay be recalculated from scratch, showing my ordinary hours worked, annual leave accrued and taken, remaining leave balance, and any deduction (if applicable) as separate, correctly itemised line items.
I’d appreciate this being corrected as soon as possible, given the fair works 7 day guidelines.
Thanks,