NSW Employer won't provide separation certificate

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rsjaus

Well-Known Member
25 June 2015
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Hi,

I've asked my employer for a separation certificate and they allege I owe them money. They won't issue one until that is paid in full.

Is this allowed? It's for Centrelink
 

Tim W

Lawyer
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28 April 2014
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Is this allowed?
Although there are a few ifs and buts, basically... no.

Refusal to provide a certificate can be an offence by the employer.
Consider sections 199 and 200 of the Social Security (Administration) Act 1999.

Do you have anything in writing, text, email etc (that is, not just spoken words)?
 
Last edited:

rsjaus

Well-Known Member
25 June 2015
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Thanks Tim

Quote "Please pay as soon as possible and once paid we can then issue your separation certificate that you have requested."
 

Rod

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27 May 2014
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The quote is not the way it works. The employer MUST provide a separation certificate or be in breach of the law.

Suggest giving them one more opportunity, and put in writing, preferably email, to provide it in 7 days else you will have to report it to Centrelink.
 

rsjaus

Well-Known Member
25 June 2015
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Thanks Rod!

It's amazing given that this is a public government organisation doing this.
 

Tim W

Lawyer
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28 April 2014
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Not really. Ignorant, uppity, junior HR clerks get in the way of lots of things.

Why do they think that you owe them money?