Employment Counteroffer- Leave or Stay

ozbargainy on 02/11/2023 - 17:11
Last edited 03/11/2023 - 11:25 by 1 other user

Counteroffer- what would you do?

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Current position, employed for 8 months with employer 1. At the time of interview, we were clear on some sort of flexibility around start and finish times. All went well till around a month ago where I was approached by HR saying that flexibility thing isn’t workable anymore.

I looked up positions elsewhere and managed to get an offer with employer 2 with 15% raise and agreement on flexibility in principle (they are quite diverse and young so assume that’ll work). I accepted that offer and gave employer 1 the notice.

Now employer 1 turn back and said that flexibility issue was a mere “communication misunderstanding” and that they will work on an addendum for my current contract listing the flexibility thing as a clause with matching the 15% increase as well.

Scenarios are:
1- Accept the new role with employer 2 and move on with life or
2- Accept the counteroffer and stay with employer 1

What would you do? If the latest, in your experience (or done it yourself in the past) will that haunt you in the future?

I am pretty happy with current employer 1, apart from that miscommunication issue.

For reference, a white collar office based, mid management position, duites will be pretty much the same for both roles

🙏

UPDATE:

I think the general consensus from what I can tell is to let go and move on with the new offer, I won’t feel motivated anyways if I stayed

Now, next question is, fairwork says I can take paid annual or sick leave during the notice.

My contract says that “If you are required to work your notice period and you are unable to do so, employer1 will deduct any monies owing in lieu of the required notice period at your base rate of pay.”

This means that annual or sick leave won’t be paid which contradict FWA.

Which clause will override the other??

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  Kranbone on 04/11/2023 - 10:30

  +2

  Move forwards with the new offer. Highly doubt it's miscommunication, rather they're just backing down to try and keep you as the expense to advertise for a role and train someone up isn't cheap.

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  JediNite77 on 04/11/2023 - 11:59

  +2

  Was in a similar position and told my current employer about the offer I had on the table. They offered to match it so decided to stay. However took them over 8 months to come to the party, did not quite match it in any case. Have regretted it to some extent since.

  Take the offer from employer 2 and move on.

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    Davo1111 on 04/11/2023 - 13:38

    +1

    8 months to match. Lol

    Next pay cycle

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      JediNite77 on 06/11/2023 - 09:04

      yeah unfortunately I then told the prospective new company I did not want the offer, so could not jump when the original company did not come to the party.

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  ripesashimi on 04/11/2023 - 12:11

  Counter offer is inherently flawed and taking it never results in a win.

  Say company offers you 20% not to leave and you take it on Tuesday which is not a pay review date.

  If your pay is determined by your performance, does that mean your performance on Monday and the period before that is 20% less than Tuesday?

  If not, you acknowledge that you have been underpaid 20% during the period before Tuesday and you were fine with it but could only choose to leave now because you have not found an employer.

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  ribze1 on 04/11/2023 - 12:26

  +1

  When will companies, management and HR learn that you need to have the right settings in place and not rely on counter offers.

  OP - good on you for leaving, i wish people would reject counter offers out of principle.

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  CocaKoala on 04/11/2023 - 13:29

  +1

  Your current employer exhibited clear signs of being toxic and went back on promises they made in order to hire you. You now have an opportunity that is better and have to ask what's the right thing to do?!

  I don't think it's legal for an employer to penalise you in and way for taking sick days even if you're serving notice. If they try to pull this kind of crap fairwork will have a field day. Take time off if you need to; they could go nothing about it.

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  christopher8827 on 04/11/2023 - 14:25

  Take the other job.

  Why work for a company that changes flexible working arrangements on the whim? The last company I worked for tried doing this by rearranging my WFH days around - in retrospect, I think they were trying to manage me out before they laid me off.

  The bottom line is that almost all corporate companies won't hesitate to fire you now that they know your intentions in advance so run.

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  gstfree on 04/11/2023 - 16:48

  Only receive the counter offer if employer 1 offer an additional retention bonus. Usually taking counter offer is not a good idea.

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  Cookiescream on 04/11/2023 - 17:14

  I would also leave, as I wouldn't trust them again. New jobs and new prospects. If doesn't go well, you change again.

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  SydBoy on 04/11/2023 - 17:53

  +1

  Good on you for moving on with employer two who gave you flexibility upfront. don't ever join the dodgy employer 1 who making stories about miscommunication.

  now, during the notice period you can take sick leave (paid if you have medical certificate) and annual leave as well (paid), there is nothing in fairwork which says that during notice period if you take leave then they will deduct money from your salary… unless your employer is saying that if you take leave then they will reduce your sick and annual leave then it is Okay.. !

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  rollin on 05/11/2023 - 09:46

  Move on.

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  Zetrox2k on 05/11/2023 - 11:44

  Im at two minds on this.

  This is how i see it.

  Option 1: you move to a new company that gives you the flexibility and pay rise straight up.

  Option 2: you stay at a company who is only now bending backwards because you found a better offer.

  Whilst yes, your current employer should have offered you this to begin with, the reality is, you have more stability in your current role given that they are fighting to keep you there.

  if its a large corporation there may be some truth to the miscommunication and the reality is, moving to a new company brings about a heap of new uncertainties.

  Theres a saying, some times its better with the devil you know. If job security is important to you, get it in writing and stay where you are.

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