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QLD Employer Withholding Pay - Go to Fair Work Australia?

Discussion in 'Employment Law Forum' started by Matt.T, 10 March 2015.

  1. Matt.T

    Matt.T Member

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    Hi all,
    New to all of this so please forgive my ignorance if I am not correct or up to date on terminology.

    Thought I'd seek advice on a forum to see where I stand or what others could advise for me. My employer dismissed me about three weeks ago. I worked for this company for less then 3 months. Under the employment agreement of which was signed between myself and the company, they agreed upon 2 weeks' pay in lieu of notice, however under Fair Work Australia I was entitled to one week's pay in lieu of notice. To this day I am still owed 1 weeks notice and 11 days pay. Currently they're withholding this, at the time of dismissal or at no point during my employment was I given any formal warning about my performance.

    A week after being dismissed I contacted my former employer about why I hadn't been paid, they made no attempt to contact me to inform me that according to the managing director they're withholding my final pay and notice pending a "performance review" despite myself no longer working for them and that none of this had been mentioned to me prior to the dismissal? I was dismissed on the basis of it not working out, they company failed to provide adequate training as first proposed when I took the job.

    Can anyone advise where I stand under employment law? They won't give me a affirmative time or deadline on when they'll conclude the performance review? I was under the impression this shouldn't happen given that the managing director decided to do the review after the point of dismissal? To go into further detail, I was a homes sales consultant so often in and out of the office and preparing a range of items, etc. as you do being a salesman. I'm finding it difficult to understand how they can withhold this and why it's taking so long.

    I've prepared all relevant Fair Work Australia documents, etc to have their involvement to come to a conclusion for me. Apparently I need to submit this within 28 days of dismissal? Despite my employer with holding pay and not giving me any deadline?
     
  2. hlly

    hlly Well-Known Member

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    You should contact the Fair Work Ombudsman as soon as possible, or a Community Legal Centre
     
  3. Rod

    Rod Well-Known Member

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    If you are applying for unfair dismissal you apply to the Fair Work Commission (yep, gotta move quickly to file with them - 21 days).

    If you are applying for unpaid wages/entitlements you apply to the Fair Work Ombudsman (relax - you have 6 years to file).

    You are unlikely to have an unfair dismissal case having worked less than 3 months. Talk to the FW Ombudsman.
     

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