NSW Statute of Limitations - Recover Back Payments from Council?

[todd gadaleta]

Hello,

What are the chances of taking a local council to court to recover back payments of up to 46 000 dollars dating back from 1st of June 2004 to 31st of June 2010?

This is a payment of traveling allowances owing to me. They wrongfully payed me the per kilometer rate when the managers knew they were suppose to pay the Minimum Quarterly Allowance. I have put in a grievance form but they have rejected it due to the fact they are covered by this thing called Statute of Limitations.

How can this be possible as they know they're in the wrong?

Any assistance would be much appreciated.

 

[Rod]

When did you find out about the issue?

 

[Rod]

Hmm, having a quick read it appears the council may be correct, regardless of when you found out. The Fair Work Act and Limitations Act both have a limitation of 6 years for the recovery of monies.

 

[todd gadaleta]

Hi Rod,

It was brought to my attention last year in fact, when I was going through the award. Part A was the kilometer rate and part B was the minimum quarterly allowance which consists of using my vehicle all day everyday and even on call outs over the years, so I took it to the union,and we entered a grievance to council, and they agreed they were in the wrong and paid me back pay for the last 6 years.

But they taxed me heavily on the one lump sum payment when by rights they should have taxed me over the period of the 6 years, but my former supervisor has come forward and told me that while I was under her management, she told her manager that I was suppose to be paid the minimum quarterly allowance and he basically told her not to worry about it because we were on a strict budget.

This is what has happened.