VIC Annual leave payout declined by employer

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Frank_D

Member
20 June 2017
3
0
1
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
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Employment records at the time are the best way of proving what happened: eg payslips.
 

Frank_D

Member
20 June 2017
3
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
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Did you get any payslips that show the holiday period?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
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.