NSW Deduction from Final Pay - What to Do?

Discussion in 'Employment Law Forum' started by Zach124, 5 July 2018.

  1. Zach124

    Zach124 Member

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    Hello,

    Hoping you can help me with an issue i'm having with work. I am being charged $900 from final pay for conference expenses that are occurring between 6 July - 8 July. My final day is today 5th July.

    Facts:

    My employment contract says employer can deduct expenses when quitting if I leave within 12 months (I am). I provided 1.5 weeks notice (only 1 required). Expenses could have been refunded if employer contacted the conference manager day of termination, he waited until day after resulting in no more refunds allowed.

    He only informed me that I will have to pay the $900 1 hour before he left for his flight to the conference. I am now stuck paying the $900 and get no benefit, as I cannot attend the conference because I didn't receive sufficient notice to know if I am liable. I would have gone if I had to pay anyway.

    Contract wording: "Company will pay for employee to attend training seminars and courses (inclusive of accommodation and travel expenses associated with), professional memberships and development courses as and when sees fit. Should employment cease within 12 months of payment employee liable to repay company."

    I'm just angry he's charging me $900 which would normally be fair if I had the benefit of the attending the conference, but he instead tells me right before he leaves and leaving me with a bill for something I didn't attend.

    Please help if possible this will hurt me financially as I had planned my saved holiday funds.

    Thank you.
     
  2. Rod

    Rod Lawyer
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    I'd be telling him he has done the wrong thing and if he withholds the money you'll take the matter to the Fair Work Commission.
     
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