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NSW Employer Refusing to Pay Last Paycheck - What to Do?

Discussion in 'Employment Law Forum' started by Jordan#91, 19 June 2016.

  1. Jordan#91

    Jordan#91 Member

    19 June 2016
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    I am a software developer from India, working and studying in Sydney since 2015. I've run into a situation where my ex-employer refuses to pay my final paycheck and I want to know if I could get my dues cleared up quickly.

    A bit of background - I had been working for my Australian employer in his Indian firm for 1.5 years (I have all the necessary documents and salary slips to prove that). Last year, I decided to come to Sydney for higher education. My employer suggested me that I work with him directly in Sydney, to which I agreed. He promised me that he'd make a new employment contract for me which would be valid in Australia, but until then he'd pay me via cash or do a direct bank transfer.

    But even after working for more than 8 months with him in Australia I never got the new employment contract, and the worse part was that I was forced to work for more than 50-60 hours a week and was paid less than $5 per hour. Saddened and hurt, I decided to quit my job.

    The day I quit, my employer owed me 1.5 months of salary. He also took away the laptop and the mobile phone that I was provided but didn't clear my dues. He now refuses to respond or even pick up my call. It's been 2 months since I quit my job and I really need to get my money back.

    Please help me. Thanks.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Jordan#91,

    All workers in Australia are covered by the Fair Work Act 2009, and have the same basic rights and protections. There are minimum standards that employers cannot contract out of, called the National Employment Standards which set out minimum wages and working conditions for all employees. It sounds as though your employer has grossly breached these conditions.

    I would contact the Fair Work Ombudsman: Employees | Fair Work Commission
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  3. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
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