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WA Breach of Employment Contract by Working Two Jobs?

Discussion in 'Employment Law Forum' started by rahul, 4 August 2014.

  1. rahul

    rahul Member

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    Hello,

    Needing legal help/advice. I am working with an engineering firm full time and just started working real estate full time as well.

    I have just resigned the company that I am working with, as I wanted to concentrate full time on real estate job.

    In December 2013 I started with real estate on a full time basis, however haven’t signed any employment contract with them at all.

    My final finish date with Engineering company is 15/08/2014, they owe me 250 hours of leave and 1 month pay. I just had a call from the managing director saying why I haven’t informed them regarding real-estate work and they told me they will not pay me until this issue is solved (as per 5.3) and their lawyer will be in touch with me.

    I have also done several hours over time every week and never been paid overtime at [Company Name redacted by Moderator] either. In the last year they haven't either given a raise in the salary.

    What is the way out of this issue?
     
  2. John R

    John R Well-Known Member

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    Hi @rahul,
    1. Which state/territory are you located in?
    2. Were you working full-time for the Engineering company (that you've recently resigned from) and working casual or part-time at the Real Estate company (that you are looking to join)?
    3. What does your Engineering company employment agreement say in relation to "work outside of Engineering company" (or similar)? For example, some employment agreements have a clear prohibition on working for other businesses when you are employed full-time by their business.
    4. Have you heard from the Engineering company's lawyer?
     
  3. Rod

    Rod Well-Known Member

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    Employers are obliged to pay leave at the next pay period after resignation. It is illegal to withhold paid leave amounts once you resign. The 1 month's pay is arguable. They may claim that you did no work for them and therefore you are not entitled to be paid. You will need to prove you worked to claim the one month's pay.

    Explain this to the MD and also mention that he may become personally liable for penalties if he fails to pay you. Follow up with written communication say your leave is overdue and must be paid asap. If you have no luck with the MD, your next step is to call the FW Ombudsman.
     
  4. rahul

    rahul Member

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    [*]Thank you for all of your advice, as this has stressed me a lot
    [*]Which state/territory are you located in? Iam located in Western Australia and the company head office is located in NSW [Suburb redacted by Moderator]
    [*]Were you working full-time for the Engineering company (that you've recently resigned from) and working casual or part-time at the Real Estate company (that you are looking to join)? I recently resigned from a company called [Engineering company name redacted] and working casual in realestate industry ([Real Estate company name redacted]). The realestate agency Principal is happy to give a statement that i work only casual hours
    [*]What does your Engineering company employment agreement say in relation to "work outside of Engineering company" (or similar)? For example, some employment agreements have a clear prohibition on working for other businesses when you are employed full-time by their business. The employment agreement says the following:
    You must not be engaged, directly or indirectly, in any other trade,
    business activity or office without the Company's prior written
    consent
    [*]Have you heard from the Engineering company's lawyer? The managing Director has told me that the lawyer will be in touch with me.
    [*]Also in the last 2 years of work they have never paid me overtime either.
     
    #4 rahul, 6 August 2014
    Last edited by a moderator: 6 August 2014
  5. rahul

    rahul Member

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    I appreciate your advice, if you could suggest me what would be the next step that I should take.

    Also please note the same Company has recently made another employee redundant, the same employee is happy to testify information regarding the employer
     
  6. Rod

    Rod Well-Known Member

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    Next step is as per my earlier email - contact the MD. While they may have a clause say you can't work for anyone else, it is still arguable you should be paid the one month's pay - as long as you did work for them and can prove it.
     

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