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VIC Employer Withholding Leave Entitlements - Pending Investigation?

Discussion in 'Employment Law Forum' started by Bobby1970, 19 February 2015.

  1. Bobby1970

    Bobby1970 Member

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    I resigned from my work, giving the required period of notice, after being advised I was being investigated for fraudulent transactions. Due to the stress of the situation, a doctor advised me not to attend the workplace and gave me a certificate to cover the period of leave. My former employer has now advised me they will be withholding my final leave entitlements due to the "circumstances surrounding the way I left the business". Given there has been no communication between us in relation to the allegations, can they withhold my leave entitlements under employment law? I provided the required notice and doctor's certificate.
     
  2. Rod

    Rod Well-Known Member

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    No. Contact the FWO. Two wrongs do not equal a right. Even if you did something you should not have done, that does not give the employer the right to withhold leave entitlements. They become liable for penalties if they withhold your entitlements.
     
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  3. John R

    John R Well-Known Member

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    Hi @Bobby1970
    How long has the investigation been ongoing for?
    Has your (former?) employer advised as to when they are likely to release your final payment/entitlements?
     
  4. Bobby1970

    Bobby1970 Member

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    No they simply said 'withholding at this time'. They have made no other contact with me since I resigned. My notice period finished Wednesday and I received this information via email Thursday. I also received nothing in writing about the investigation.
     
  5. Rod

    Rod Well-Known Member

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    You do not have to rush claiming your leave entitlements, think you have 6 yrs.

    If you think there is any substance to their investigation you may want to hold off doing anything till you know more.
     
    Bobby1970 likes this.

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