VIC Can I Demand Payment Stated in Employment Contract?

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Suresh Nayak

Member
4 August 2016
2
0
1
My employment contract finished in Feb 2016, but I was continued until mid-July 2016 with same terms and conditions. Now they asked me to work for less with immediate effect without giving any notice. I sent an email saying it was unacceptable to me and that I will incur substantial loss. My original contract specifies that I will be given one month notice if they want to change any terms and conditions.

When I met the General Manager, he mentioned that he will give me 4 weeks notice with the same terms and that he will send an email. However, even after a week, he has not sent the email. I wrote two emails to the General Manager asking him to confirm my last day and the amount to be paid. I have already been paid less.

My last working day is 12th August and I have no confirmation. Do I have a case for payment if they don't pay me as per the contract after the last working day?

Regards
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
If you don't receive your proper pay after the last day, send them a letter of demand for what they owe you together with copies of any evidence of your rights to that money such as your contract, and any emails. If they don't pay you what they owe you, then contact the Fair Work Ombudsman to help you resolve the dispute.
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
201
12
614
Sydney
lawtap.com
The fair work ombudsman does not deal with private contracts, which is what this seems to be.

In short, yes, you have a claim in the contract for your difference. Do let us know how you go with the final payment.