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Discussion in 'Employment Law Forum' started by thomas simunsen, 3 April 2015.
My ex-employer hasn't paid
wages for months or
Have you spoken to the employer yet, preferably in person with a witness present who is on your side and can be counted on if the matter goes to court? And write up notes after the discussion while your memory is fresh.
Call the Fair Work Ombudsman for wages, and the ATO for superannuation.
What kind of work do you do? What award are you covered by?
BTW, payslips should also have been given.
Really really annoys me when employers take advantage of people.
thank you for your reply.
The situation is a little more complex than I initially had the room to put down. He owes 11 staff (I think there will be 5 or 6 to add to the list) approx. $15000+ in wages, not counting super. He flies into a rage if he is confronted about wages and his favourite comeback is 'times are really tough.' The sad thing is most of the staff are immigrants or 'kids' (15-16) and don't know what to do. Some of us have been in contact with the Fair Work Ombudsman and were told to try to sort it out with the employer or his head office. (It is a well known large pizza franchise - the one coming 2nd) The head office has not replied to any messages. My fear is he is trading while insolvent as I know he has other large debts including suppliers and the landlord. (Can a sole trader - trade while insolvent?) and if he is pushed into a corner will declare bankruptcy. (I do not know this, it is an assumption) meaning staff get nothing.
Are you better off saying nothing, or confronting him? The answer to this question then determines your course of action.
I suspect you are better off confronting him before he owes you, and the others,even more money.
As you have already pointed out, non payment of wages is one of the first signs your employer is in financial trouble. You should first talk with your employer about it, however if you fail to resolve your concerns, your other options are to:
lodge a complaint with the ATO regarding unpaid super
contact your local union (if applicable)
lodge a complaint with ASIC
If you are owed employee entitlements after you lose your job due to your employer going bankrupt or similar you may be able to get financial help from the government through the Fair Entitlements Guarantee (FEG). www.deewr.gov.au/FEG