NSW Fair Work Australia - Employer Refuses To Pay One Week?

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Michaelh1957

Active Member
10 July 2019
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0
31
Hello,

I was hired for a full-time job with a small company. On the 6th day, I was paid my first week as normal that afternoon the business owner sat me down and said: " I'm sorry but this is not working out for me and I'm going to have to let you go".

I accepted this and left quietly. The next day I emailed him regarding my week in lieu, because I wasn't given one weeks notice. He replied that I'm not entitled to a week in lieu because he was not happy with my work. I contacted Fair Work Australia and they said there was nothing they could do because it's a civil matter. " They educate the employee and employer but can't enforce anything.
It's not worth going to court over $1000.

Bit rough I think. Any ideas?
 

Rob Legat - SBPL

Lawyer
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Michaelh1957

Active Member
10 July 2019
7
0
31
Thanks, I have read it and filed a " complaint " they said there to educate both parties on their obligations. But if I want my money I have to go through a Small Claims Court which is not an option given the small amount.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,452
513
2,894
Gold Coast, Queensland
lawtap.com
It's an option. Whether or not it's worth it is a 'commercial' decision for you to balance up on consideration of the time and effort involved to get the money. These actions are often simplified to make them friendlier to a self representing litigant.

You could start with a letter of demand and see if that gets a response.

Another option depending on their industry is to see if their conduct is in breach of any formal or informal code of conduct, such as via an industry association. If it is, a complaint to that association might be the push they need to do the right thing.
 

Michaelh1957

Active Member
10 July 2019
7
0
31
It's an option. Whether or not it's worth it is a 'commercial' decision for you to balance up on consideration of the time and effort involved to get the money. These actions are often simplified to make them friendlier to a self representing litigant.

You could start with a letter of demand and see if that gets a response.

Another option depending on their industry is to see if their conduct is in breach of any formal or informal code of conduct, such as via an industry association. If it is, a complaint to that association might be the push they need to do the right thing.
Thank you