Pay outs to terminated employee?

Just interested if anyone knows the rules about paying annual leave to a helper who has only served nine months of employment? We gave helper 30 days' notice last month and her last day is Saturday. Do I owe her annual leave? And if so, how much? From what I read on the labour dept. website, it looks like annual leave is only calculated after at least 12 months of service...but she says she is due leave pay. Anyone know for sure?


Labour dept. website says:

"A helper is entitled to paid annual leave after serving every period of 12 months with the same employer. The helper's entitlement to paid annual leave will increase progressively from seven days to 14 days according to his/her length of service.

When the employment contract is terminated, the employer should give the helper payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. A helper with three but less than 12 months' service in a leave year (i.e. a period of every 12 months after the commencement of employment) is entitled to pro-rata annual leave pay."


So from that, I read it to mean that if 12 months have not been completed, annual leave is not even a consideration. Am I correct? If not, please help. I need to settle monies owed in two days. Thanks!

The last sentence in your quote is key. The helper is entitled to pro-rata annual leave pay based on how much of the year she has worked. In your case 3/4 of the year.

You do owe her,, I calculate it as 5.2 days. Take the salary and divide it into 31 for a per day salary and times that by 5.2 for annual leave pay

Plus you will need to pay travel allowance to her place of origin calculated at $100 per day.