VIC Employer Withholding Wages - Claim Compensation?

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Amy Monckton

Member
12 January 2017
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Hi all,

My partner was expecting to be paid 4 weeks annual leave, a year's worth of overtime accrued and his last week of pay on December 22nd. He was also waiting to be back paid from August and September, which were outstanding. Total: $10,000.00

He contacted his employer on December 23rd advising he had not received any pay and this was concerning as it was Christmas and we have a mortgage. The employer said he was not getting paid as there was a $3,900.00 debt owing for concrete supplies.

My partner stressed that the amount owing to him was in fact more than double the bill for concrete supplies and that if indeed he needed to pay the concrete supply account before December 22nd or risk have his entitlements withheld from him, why was this information not provided to him?

My partner has a daily log of his work start and finish times, where he worked and who he worked with to support his overtime calculated. His employer has security cameras at the yard in which employees start and finish each day, so overtime can be cross checked. It is now the 11th of January and my partner is still unpaid.

Is there a compensation claim that can be made for time waiting due to the employer willfully withholding wages and entitlements? Are there penalties that can be charged to the employer?
 

Rod

Lawyer
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27 May 2014
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Is there a compensation claim that can be made for time waiting due to the employer willfully withholding wages and entitlements? Are there penalties that can be charged to the employer?

Based on the information you provided, no to compo, and yes to penalties and costs. An employer is not allowed to withhold wages. Try talking to the employer again, if that fails to produce your partner's wages with 7 days recommend talking to a lawyer.
 
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