NSW Fair Work Australia - Employer Withholding Outstanding Entitlements?

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firsttimefounder

Well-Known Member
7 November 2017
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Australia
I have just been presented with a deed of release which I have been asked to sign. My former employer is holding unpaid salary, leave and superannuation until I sign the deed.

In addition, my former employer is offering to pay out the outstanding wages in a series of instalments and I am concerned that this represents a great risk that I might never get paid out at all in full.

I was under the assumption that an employer cannot contract out of these kind of legislative entitlements and that these must be provided on termination of employment.

The deed surely cannot deny my statutory entitlement or attempt to circumvent them in anyway?

Is this best presented to Fair Work Australia?
 

Tim W

Lawyer
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28 April 2014
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Sydney
Deed of Release from what?
And no, instalments are not acceptable.
And certainly, contact Fair Work for advice.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Unpaid benefits must not be held hostage to you signing another bit of paper. Demand immediate payment and if not paid go to Fair Work Australia.

Suspect the employer just realised all their paperwork is not in order and they are trying to fix things AFTER sacking you. If it was me and I didn't need the reference, I'd be telling them where to put their bit of paper and suggesting to be careful of paper cuts!

Your assumption in this case is correct.
 

firsttimefounder

Well-Known Member
7 November 2017
16
0
71
Australia
Unpaid benefits must not be held hostage to you signing another bit of paper. Demand immediate payment and if not paid go to Fair Work Australia.

Suspect the employer just realised all their paperwork is not in order and they are trying to fix things AFTER sacking you. If it was me and I didn't need the reference, I'd be telling them where to put their bit of paper and suggesting to be careful of paper cuts!

Your assumption in this case is correct.
Thanks Rod. I resigned on my own accord as I did not agree with their shonky style or methods for conducting business. As is being demonstrated by their disregard for the law.