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WA Company Property Inspection - Pay Witheld?

Discussion in 'Employment Law Forum' started by Dylan, 6 July 2014.

  1. Dylan

    Dylan Member

    6 July 2014
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    I am leaving the company I work for which is a shipping agency in the Pilbara. I had given them 4 weeks notice as required, my last day will be Friday 11th July.

    I am based in WA, our payroll / HR office is in NSW.

    We are paid in advance. Our normal paydays are 2nd and 15th of each month. On 2nd July I was not paid. I queried why and was advised that my pay was withheld in case there is any damage to the property that the company leases for me at final inspection.

    There is nothing in my employment contract to this effect and also nobody informed me verbally or in writing beforehand. My final pay will be my annual leave payout on my final day.

    Does the company have any legal right at all under employment law to without pay in this circumstance?
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

    13 June 2014
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    Tim W likes this.
  3. Rod

    Rod Well-Known Member

    27 May 2014
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    They do not have that right unless you signed something or it's in an enterprise agreement.

    Check what your employment contract says. Generally it is not part of a Modern Award.

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