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Question Details: I want to hand in my resignation and give the notice my employment agreement requires me to give. If I hand in my notice prior to Christmas/New Year and finish in late January, will I still be paid for the statutory holidays? And if I email the notice during the close down period does this count as written notice? I am not sure whether my resignation period will be affected by the holidays.
Filed under Employment Law | 4089 View(s)
Community Law Wellington & Hutt Valley
Yes, you should still be paid for your holidays despite the fact that you have given notice. By giving notice you are saying when the employment relationship will end, but during that notice period all rights and obligations such as holiday pay still apply.
During your holidays you are still an employee and there is no law that you cannot give your notice during your holiday period. However, your employment agreement may contain something saying that you cannot do this, and you should check this. If your agreement says nothing about giving notice during the holidays, then you may resign during your holiday period.
If you are able to resign, you will need to ensure notice is received by your employer. If no notice is received and they return to work to find that you are planning on leaving within a few days, you may end up in a dispute with the employer (the employer may claim that the sudden departure without notice will cause them losses).
Regarding the method of communicating your notice, you should check your employment agreement. There are no laws that state specifically how and when notice should be given. Whatever form you choose, you should ensure the notice is received. Email is a useful method as you will be able to keep a copy in case there were any issues.
If any issues arise you may find further assistance here in chapters 12 -14: www.communitylaw.org.nz
Answered 5 Mar 2013. The IMPORTANT NOTICE below is part of this answer.
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