VIC Can Boss Take Excess for Car Accident from My Pay?

[Geordie]

I work at a site where large vehicles are cleaned and cars are detailed. 95% of the vehicles belong to car dealers and being prepared for sale. On Thursday afternoon, I had an accident on site where 2 vehicles were damaged. (Total repair cost $3000, excess $1000, and the loss of one of the dealer contracts).

Being a casual, my boss sent me home and I haven't been back to work since. I should have been paid for the previous week on either the Thurs or Fri but as yet 6 days on I haven't been paid and I don't believe I will receive the pay I am owed for last week as well.

According to my boss I am to pay the excess ($1000) and small amount he loaned me in January ($500) so is going to take this out of my pay. He is currently out of the country at a conference and has stated we will deal with this when he gets back.

Can he do this under Employment Law?

Thanks in advance

 

[Lance]

Hi Geordie,

Do you have a copy of your employment contract? It sounds a bit harsh that a casual employee gets hit with $1000 excess in a job that involves moving vehicles in tight locations all day long. My understanding is that they shouldn't withhold pay unless it is agreed that they will deduct those costs noted.