VIC Annual leave payout declined by employer

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Frank_D

Member
20 June 2017
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Regarding my previous job where I was made redundant, my employer is now refusing to pay out my accrued annual leave. He is saying that I requested to take leave over christmas using an email where I said "I am wanting to take some annual leave over the christmas period".
Nothing was discussed after this email and a week later my termination letter was received. 3 months later (my notice period) I finished work.

My boss is the director although lives in India. The company employed 2 people at the time of my termination. I was working from home at the time as the office was closed 2 months prior.

I want to find out what legal argument I have to defend my claim that I did not request or take any annual leave? Or is it just my word against his?
Thanks
 

Rod

Lawyer
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27 May 2014
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Employment records at the time are the best way of proving what happened: eg payslips.
 

Frank_D

Member
20 June 2017
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0
1
Employment records at the time are the best way of proving what happened: eg payslips.

Sorry, i forgot to say that the last 6 weeks I wasn't paid and didn't receive any payslips. This was a common occurrence as the company wasn't making any money.
 

Rod

Lawyer
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27 May 2014
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Did you get any payslips that show the holiday period?
 

Rod

Lawyer
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27 May 2014
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Not receiving payslips is sufficient justification for a query to the Fair Work Ombudsman. Once you get payslips you can work out what happened and go from there.

Employers MUST provide payslips.