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QLD Employment Law - Accused of Serious Misconduct After Termination?

Discussion in 'Employment Law Forum' started by Lotaofquestions, 12 September 2016.

  1. Lotaofquestions

    12 September 2016
    Likes Received:

    I was working with my previous employer for 7 months. I had taken an annual leave week and had a meeting with my boss the day I returned due to needing to resign for personal issues. She told me to take a week off to think about it. During that week, I had tried to sign in to the company intranet site only to be met with an exit interview, which obviously meant I had been fired. She sent me a text the next day asking if I had thought further about my resignation, due to already seeing the exit interview. I just told her I was still leaving. I returned all company property the following day.

    I then received a payslip for the amount of $1465 1 x 8 hours worked and 39 hours of annual leave, however, I never received the payment. I had sent her numerous emails and text messages and didn't get a response. It wasn't until I emailed her accountant that she replied.

    She emailed asking me to come in to meet with her regarding final payment and that she is looking forward to seeing me. I had emailed back mentioning I can not make it due to the personal issues. I have now received an email from her 4 weeks after ending employment informing me I am to attend a meeting with her regarding serious misconduct, and if I do not show up she will report me to the police. This is the first I had heard of the misconduct allegation.

    Can you please help me on what to do from here with regards to employment law? I have been told by Fair Work Australia that I am not obligated to go to the meeting as this should have been mentioned before my emolument ended.
  2. Sophea

    Sophea Guest

    Yes I would agree, sounds like an excuse not to pay you. Have you complained to the Fair Work Ombudsman about the non payment?
  3. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    18 July 2016
    Likes Received:
    You should also make sure the termination of employment is recorded as a resignation rather than a dismissal. It will make getting work in future easier.
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