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final payments from employers?

Discussion in 'The Pub' at netrider.net.au started by spongesam, Aug 30, 2007.

  1. i'm just curious is there legally a certain amount of time required for an employer to give you their final payment, and your final payslip?


     
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  2. While I know nothing of the legalities of it all, I would assume that they should technically provide both at the end of the normal pay period.

    So, if you get paid fortnightly, you would expect to have your final payout on that pay period. Monthly, at the end of the month and so on.

    TheTramp might be able to shed some more light...
     
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  3. I heard you had to get paid out by the last day you worked.
     
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  4. Yup, that is how it has always happened with me... In the next pay run all final monies owing are payed.
     
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  5. ok, so what if the final monies aren't fully paid in the final payrun?
     
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  6. They can hold back payment if there are outstanding issues such as unaccounted sick leave, equipment not returned etc. You will need to put in writing your intentions to meet their requirements (to have all matters addressed) by a certain date, and that they are to then have payed you in full by such and such a date. If this is not adhered to (and you must give a reasonable timeframe), you may then take the matters further.

    Thats how i needed to proceed with an ex employer, and it worked out how i asked in my letter/email.
     
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  7. Ask the company HR person why would be the first thing. If not a satisfactory answer then, ummm not sure? :?
     
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  8. Do you need to be nice to them, for references and stuff?
    If not, there's always the workplace ombudsman
     
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  9. i guess back to my original question...

    if i have already asked for these amounts... and they have not resolved this... what is my next step... and where would i stand legally?

    say i go to a lawyer, will i be able to get them to cover the legal fees?
     
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  10. I would write them a letter of demand and tell them that you want the money within x amount of time (48 hours perhaps), and that otherwise you will be seeking legal advice and recovering costs from them.

    Or just ring the Office of Workplace Relations (OWR) and see what they say - they are pretty helpful there :)
     
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  11. Thats what I believe to be the case. You must also get a seperation certificate.

    More info can be found here at the Workplace Rights Advocate (Vic).

    http://www.business.vic.gov.au/BUSVIC/STANDARD//PC_61274.html

    Frankly with HR law a lawyer (generally) these days can do very little.
    The OWR I believe has the power to demand you get paid your entitlements.
     
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  12. lets say, hypothetically (not really), but there's issues back to Febuary.
    this includes possibly not the correct amount of annual leave being paid and a number of other things. (i believe some of my annual leave hadn't acrued correctly)... how does one go about getting that resolved?

    anyway, i don't want to bother peoples here too much with all this.

    1 final question
    so with my final payslip (assuming it's in the mail), this should also include a separation cert attached with it? or do i need to ask for it?
     
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  13. Generally, you will only get a Separation Certificate if you request one... they are usually only needed if you are claiming a benefit from Centrestink.

    As far as pay disputes go (and I have just been through all of this first hand with my partner), contact the OWR and lodge a claim. This can be done online via their website. They will contact your employer and pretty much give them a set amount of time (14 days) to resolve the matter directly with you, after that they will step in and investigate.

    It is then in the employers best interest to resolve the issue with you straight away, because once OWR gets involved the employer can get heavily fined for any breaches.

    In our case it took four months to resolve, but that was for a massive amount of money (the dispute was approximately $50k), but the OWR were great in helping us get it sorted out.

    Good luck :)
     
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  14. Don't mistake a statement of service with a separation certificate. The former is prepared by the employer stating your duties and duration of employment and the latter is issued by Centrelink. There is no right to a statement of service but ask nicely and they should give you one.
     
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  15. Umm, I beg to differ. I've gotten all my Seperation Certs from my employers NOT Centrelink. If you get fired you need this to sign up to the dole straight away (if needed). If you don't have one you have to wait 3 months before you can sign up....I've been through this more time than I care to admit :p
     
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  16. Peeahh is correct. The employer prepares it. And as she says Centerlink will sneer at you (more than normall) without one.
     
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  17. Office of Workplace Relations told my ex-boss he had 28 days to pay me, or face a large fine. This was after he had withheld all my entitlements on the flimsy premise that I did not give notice of resignation.


    They said likewise tp him with regards my Separation Certificate, which he had illegally withheld for over three months.

    He paid :). :wink:
     
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  18. Perhaps I wasn't very clear. One is a piece of paper with your employer's scrawl over it, the other is a Government issued pro-forma document. Don't mistake the two.
     
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  19. Since this discussion has widened slightly...
    A fellow employee was dismissed on the spot last week (for attending her mother's funeral, FFS) and has been trying (through me) to get her small amount of entitlements and a separation certificate sent to her.
    The employer (who refuses to communicate with her) told me to let her know that she would receive nothing from him, including a certificate.
    I've been told (but can't confirm) that the OWR told her that the amount was too small for them to get involved and that she should just walk away.
    Where to next?
     
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  20. titus, if the company is larger than 100 employees, there's definately something like unfair dismissal.

    Im straying from topic now too, but, in such instance as just posted, a claim for unfair dismissal could be lodged, if won,
    would it be reasonable to attempt to recover monies up to the point when the person gets their new job?
     
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