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QLD Employer Didn't Pay The Annual Leave after I Quit?

Discussion in 'Employment Law Forum' started by slenderman, 11 January 2015.

  1. slenderman

    slenderman Member

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    Hi! So I worked with this hospitality company for nearly 2 years ( as a qualified chef) as a part of immigration visa condition and recently terminated my contract with the mutual agreement. Although they weren't really happy about me quitting the job, I gave them enough notice of two weeks, as per the contract says and a proper explanation.

    As I didn't comply with the contract I signed and terminated before it expired, he (owner) was clearly upset about that. As per my visa case, I spoke with the immigration authorities and they gave me a green light on breaking up with the contract as I had already finished the minimum requirements for my visa condition, meaning I can break the contract and work with other employees if there's better wages and position.

    Anyway, they did pay me my last working weeks wages and all the other contribution but they did not pay me my annual leave of around 55 hours. I know the money isn't that much( I guess roundabout $1000-$1200), but it kinda feels unfair. I'm not really looking for to make a proper complaint as it might cost more to go through the entire process than what I get at the end but since this is a hospitality industry and we (the employees) always have to deal with this kind of similar situation as we don't have a proper union system. Is there anything else i can do or is this simply my fault for not complying with the contract? Thank you!
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Slenderman,

    You should be entitled to accumulated but unused annual leave when leaving work. If the employer is refusing this, contact the Fair Work Ombudsman. They are a free service that helps disputes between employees and employers.
     
    slenderman likes this.
  3. Sophea

    Sophea Well-Known Member

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    Hi Slenderman,

    Have you raised this with your former employer? It may be an oversight, or it may be intentional. I would start by writing them a letter pointing out that you are entitled to accrued, unused annual leave and that you have not received it in your final pay. Then give them 2 weeks to pay you the outstanding pay that you are owed. Point out as well that if it is not paid within 2 weeks then you will be complaining to the Fair Work Ombudsman. This might make them pay before you have to go and actually complain to the ombudsman.

    http://www.fairwork.gov.au/How-we-will-help/How-we-help-you/help-resolving-workplace-issues
     
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