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VIC Employment Law - Employer Sent My Dental Bill After Quitting - Legal?

Discussion in 'Employment Law Forum' started by SharkBaitX, 22 September 2015.

  1. SharkBaitX

    SharkBaitX Member

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    Hi, I worked as a dental assistant for over 2 years, and last month I quit my job as my boss verbally abused me in front of the patient and my other colleague. It was not the first time that it happened; it has happened a couple of times, but the last time that it happened, I really couldn't take it anymore, so I left work and didn't come back, then I sent my resignation letter via e-mail a few days later.

    I didn't get my wages for the last 3 days that I worked for ( as we get paid weekly), and any of my accrued annual leave.

    Yesterday, I received a post from my boss with an overdue stamp and seven day notice to pay my bill, as he did braces for me and other dental treatment like fillings and extractions.

    At the time that I started working, which was in March 2013, all the staffs member would get a free dental treatment including braces in exchange for our loyalty in the company. I couldn't afford braces, but he asked me to sign in a note that he made that all the payments for my braces would be in his discretion.

    This year, 2015, as he was upset about the staffs performances and absentees, he said that all the staff members must pay 50% of the dental treatment, and if you've been in the company for over 3 years then you don't need to pay anything.

    As the practice manager approached my boss about my braces fee, he said it is up to him how much he is charging me, so everyone at work who had braces only had to pay $1,400, but me.

    Yesterday, as I received the letter, with the amount $6,815 that I need to pay within 7 days notice.

    I would like to get a legal help under Employment Law about this matter.

    Thanks a lot!
     
  2. Sophea

    Sophea Well-Known Member

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    Agreeing for someone else to charge you whatever they want is not necessarily a valid contract. Its very one sided and it lacks "certainty" which is a requirement for a valid contract. I would give an employment lawyer, or community legal centre a call about it or alternatively contact the Fair Work Commission to discuss the matter.

    What did you expect to have to pay for the braces? Did he give you a ball park figure of what to expect?

    How much notice were you required to give when terminating your employment? How much of your wages is your former employer withholding?
     
  3. SharkBaitX

    SharkBaitX Member

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    When I started working there in March 2013, he said he would treat me in exchange of my loyalty. In my 2 years of working there, he never sent me any dental bill.

    My wages withheld would be $528.

    There was actually no employment contract and I wasn't informed how much notice I need to give to terminate.
     

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