NSW Franchise Not Paying Days Worked - Illegal under Employment Law?

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22 August 2015
I have worked for this franchise since August 6th, last day I have worked was 20th of August. I work 6 days a week starting from Sat to Sun. I am owed 1 week and 2 days plus training.

It is now the second pay period and they have not paid me.

Firstly, they said it was an international bank transfer as to why we did not get paid. This second time, it seems they have told me my details were wrong, so I have sent them new ones. Of course I'm a bit skeptic that I haven't received pay yet, so I have informed them that I do expect to see the pay on Monday, like they had advised me. I will be done first thing on Monday morning and I have contacted my lawyers as I am worried. I have not been able to go back into work due to a recent family issue which requires me to care for 2 girls under 7 years.

So really, my questions are, if they don't pay me on Monday, what should I do? And is it illegal under employment law for them to not pay me the days I've worked? There is an additional 4 days I worked, however I looked up on Fair Work Australia that sometimes employers can withhold money equivalent to that of the weeks notice the employee doesn't provide....



Hi there,

Yes your employer is required to pay you for the hours that you have worked. If they do not pay you, you have grounds to file a legal claim against them in the small claims court. Here is an information booklet on making a claim for unpaid wages. http://www.industrialrelations.nsw..../oirwww/pdfs/recoveringunpaidwages_june06.pdf

Hopefully it won't get to that point. Unpaid wages are like any other unpaid debt, here is another helpful article which may assist you: How to Recover a Debt - Useful Tips - Legal Blog - LawAnswers.com.au