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QLD Employer Withholding Wages - Legal Under Employment Law?

Discussion in 'Employment Law Forum' started by Roslyn, 17 March 2016.

  1. Roslyn

    Roslyn Member

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    Can an employer withhold wages if a criminal check has not been provided under Employment Law?
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

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    Hi Roslyn

    In short, No. an employer is obliged to pay for all authorised hours worked. An Employer can only make a deduction to your wages if it is principally for your benefit.

    How much money is being withheld ?
     
  3. Roslyn

    Roslyn Member

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    A days' wages. My daughter filled in as an emergency, as they could not get any of their usual relief staff at short notice. They want a police check, her birth certificate, a signed contract, etc. This is the first time she has been offered work there since Feb 2015!
     
  4. Roslyn

    Roslyn Member

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    Thank you for replying.
     
  5. Tim W

    Tim W Lawyer

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    I concur with @Serge Gorval above.

    Further, consider the possibility that by collecting this information,
    they might be getting themselves organised so they can offer her more work in the future.

    And yes, it is absurd that the cost of the criminal check, and a hard copy birth certificate
    might well exceed the amount of money she receives for the work.
     
  6. Susan Lawson

    Susan Lawson Well-Known Member

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    Has she been paid by this company before? It sounds like someone is trying to "hide" her day of work, without the signed employment contract and the rest this company is scared they have breached their own employment policy, or if through a temp agency then they do have to pay and take it as a lose.
     
  7. Roslyn

    Roslyn Member

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    Thank you for all of your help. I have spoken to the person in charge, and they have assured me she will be paid this Wednesday, their usual pay run! I hope they are true to there word and confirmation email.
     

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