VIC Employment Contract - Final Pay Not Deposited?

[Peter Wellspring]

Hi,

I am Qld based for a Victorian Company. I gave 4 weeks notice as per my employment contract. This ends today. I was supposed to be paid on Wednesday night but was told I will be paid on Friday (meaning today).

I have now been told that I won't be paid until the pay cycle. As I was not paid when I was supposed to be on Wednesday, where do I stand?

I should also add, that due to the pay not going in as per normal on Wednesday night, my account became overdrawn due to regular payments.

 

[Rod]

May or may not be a contravention of the Fair Work Act. Need more information.

What does your contract say about a final pay? If silent on this matter what does your award/EA say about it?

Was your 'normal pay' due to be paid on Wednesday and did you receive normal pay?

Receiving your final pay on the next scheduled pay cycle is generally acceptable.

 

[Peter Wellspring]

May or may not be a contravention of the Fair Work Act. Need more information.

What does your contract say about a final pay? If silent on this matter what does your award/EA say about it?

Was your 'normal pay' due to be paid on Wednesday and did you receive normal pay?

Receiving your final pay on the next scheduled pay cycle is generally acceptable.

My normal pay was due on Wednesday night. This was not received and when I inquired about it, I was told, as Friday is your last day all pay and entitlements will be paid on Friday. I requested a payslip from them and they have refused to return phone calls and emails. I was prepared for the final pay to be on the pay cycle in 2 weeks, however that was only if I had received the normal pay on the Wednesday, which i did not. My employment contract doesn't state anything about when Final pay is to be issued. I am under an individual agreement. The sad thing is I was a manager for this company, and i know how they have treated other people who have left. They have a very bad track record.

 

[Rod]

Your ex employer has breached the Fair Work Act by failing to give you your payslip on time and failing to pay you at the regular time.

Up to you as to how to proceed. Is an employment reference more important the principle? If so wait a bit longer and see if you get paid.

If the principle is more important, wait for the next pay cycle so you know the full extent of your possible actions, then go to court. You'll have the choice of the Magistrates' Court Industrial division, or the Federal Circuit Court.

 

[Peter Wellspring]

Thank you. I thought that may have been the case. I will see if I get a response on Monday. If not, I will take it further then.