4. My employee has tendered his resignation and his last day of employment is the 30 September. He has 10 days of untaken annual leave. If he takes all the annual leave continuously from the 21 to the 30 September as final leave, when should I make the termination payments?

4. My employee has tendered his resignation and his last day of employment is the 30 September. He has 10 days of untaken annual leave. If he takes all the annual leave continuously from the 21 to the 30 September as final leave, when should I make the termination payments?

An employer must pay all termination payments, except for severance payments, to the employee as soon as practicable and in any case not later than 7 days after the date of termination or expiry of the contract.

Your employee may argue that his last working day is the 20 September, therefore, the termination payments should be made not later than the 27 September.

However, the correct view is that the contract of employment ends only on the 30 September. You should make the termination payments to your employee not later than the 7 October.