Hi all,
I have an odd and rather complex problem I need help with. Note: all figures are approximate for ease of explanation.
Context/background
3 years ago, my employer gave me a increase in pay that I wasn’t entitled to, per Enterprise Agreement. This increase was also backdated.
In effect, I have been:
1) overpaid (over a period of 6months) to a figure of 1500, and,
2) been given a backdated back pay (lump sum) of 3000.
The total amount owing to my employer being 4500. I do not dispute that I owe the employer money.
My point/s of contention
1) The employer has determined that I owe 6000, despite the employer’s own records reflecting that I owe the aforementioned amount of 4500.
2) I have conducted an independent evaluation (using payslips) in consultation with a Chartered Accountant, and have determined the 4500 to be the correct amount owing, and not 6000.
Actions so far - employer and employee
Employee actions
- When I was made aware of money owed, I requested a breakdown of the employer’s 6000 figure. They did not provide requested breakdown until 2 years after initial request was made.
- Upon receipt of the employer supplied breakdown in excel spreadsheet format, it was determined by both the Chartered Accountant and I that the 4500 figure is correct, and 6000 was incorrect. This took/takes less than 30 seconds to do for a person with basic excel spreadsheet skills.
- I have - on my own with little assistance from my union - applied the ‘Dispute Settling Procedure’ prescribed in my Enterprise Agreement.
Employer actions
- Employer has taken 2000 from a ‘discretionary’ bonus due to me to service my debt.
- Continued attempts over the 3 years to recover their money via unreasonable repayment plans without directly addressing my dispute on the discrepancy (4500/6000)
- Continued failure to comply with the dispute settling procedure of my Enterprise Agreement
My Questions
- Have I any legal grounds for redress for an employer not following the Enterprise Agreement dispute settling procedure?
- With the employer’s perpetual stalling and ignorance on the matter (remember, 3 years and still running) this is putting me under mental duress. Is their any legal redress for this aspect?
- I can prove with assistance from a Chartered Accountant that there is a 1500 discrepancy between what the employer state’s I owe, compared to calculated actual’s derived from employer supplied financial material. Is there any redress for this?
- In legal practitioner’s opinion, is it financially economical for a national median income earner to pursue the matter?
- Can the employer take money to service the debt without my consent? E.g. Annual Leave, Overtime, ordinary earnings etc.
Thank you for any assistance.
Other
- My employer is a very large well known entity with considerable resources at its disposal.
- I also have a period of underpayment. I.e. the company underpaid me by 2000 as a result of this issue.
- Fair Work Ombudsman can involve itself, but cannot compel my employer to participate in my Enterprise Agreement Dispute Settling Procedure.
I have an odd and rather complex problem I need help with. Note: all figures are approximate for ease of explanation.
Context/background
3 years ago, my employer gave me a increase in pay that I wasn’t entitled to, per Enterprise Agreement. This increase was also backdated.
In effect, I have been:
1) overpaid (over a period of 6months) to a figure of 1500, and,
2) been given a backdated back pay (lump sum) of 3000.
The total amount owing to my employer being 4500. I do not dispute that I owe the employer money.
My point/s of contention
1) The employer has determined that I owe 6000, despite the employer’s own records reflecting that I owe the aforementioned amount of 4500.
2) I have conducted an independent evaluation (using payslips) in consultation with a Chartered Accountant, and have determined the 4500 to be the correct amount owing, and not 6000.
Actions so far - employer and employee
Employee actions
- When I was made aware of money owed, I requested a breakdown of the employer’s 6000 figure. They did not provide requested breakdown until 2 years after initial request was made.
- Upon receipt of the employer supplied breakdown in excel spreadsheet format, it was determined by both the Chartered Accountant and I that the 4500 figure is correct, and 6000 was incorrect. This took/takes less than 30 seconds to do for a person with basic excel spreadsheet skills.
- I have - on my own with little assistance from my union - applied the ‘Dispute Settling Procedure’ prescribed in my Enterprise Agreement.
Employer actions
- Employer has taken 2000 from a ‘discretionary’ bonus due to me to service my debt.
- Continued attempts over the 3 years to recover their money via unreasonable repayment plans without directly addressing my dispute on the discrepancy (4500/6000)
- Continued failure to comply with the dispute settling procedure of my Enterprise Agreement
My Questions
- Have I any legal grounds for redress for an employer not following the Enterprise Agreement dispute settling procedure?
- With the employer’s perpetual stalling and ignorance on the matter (remember, 3 years and still running) this is putting me under mental duress. Is their any legal redress for this aspect?
- I can prove with assistance from a Chartered Accountant that there is a 1500 discrepancy between what the employer state’s I owe, compared to calculated actual’s derived from employer supplied financial material. Is there any redress for this?
- In legal practitioner’s opinion, is it financially economical for a national median income earner to pursue the matter?
- Can the employer take money to service the debt without my consent? E.g. Annual Leave, Overtime, ordinary earnings etc.
Thank you for any assistance.
Other
- My employer is a very large well known entity with considerable resources at its disposal.
- I also have a period of underpayment. I.e. the company underpaid me by 2000 as a result of this issue.
- Fair Work Ombudsman can involve itself, but cannot compel my employer to participate in my Enterprise Agreement Dispute Settling Procedure.