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VIC Haven't Received Payment After Quitting Employment

Discussion in 'Employment Law Forum' started by sugarcraft, 5 September 2014.

  1. sugarcraft

    sugarcraft Member

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    Hi there, I worked in the cake shop for about 3 weeks and two days in June, then I quit the job. After a few week, I still haven't gotten my payment. Then I messaged and emailed the owner, and he said I didn't give notice one week before, then he decided to withhold me one week's payment.. then 14 of July I emailed him again and said I haven't received my group certificate and the payment. He said he already sent out the cashier cheque and the group certificate but I haven't received any cheque. Until now I still haven't gotten my payment. What should I do under employment law? thanks
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Sugarcraft,

    Does your employer have any evidence backing up his claim that he sent off the certificate/cheques in the mail? Can he provide specific times/dates, receipts, postage receipts about it?

    As to whether or not your employer can withhold pay for short notice:

    What does it say in your employment contract? Were you working as a casual or part/full-time? Does the contract say anting about 1) notice of resignation, and 2) penalties for breaching the notice rule? If there was a notice period and you did not give adequate notice, you are entitled to pay in place of the remaining notice days. Your employer should not be keeping any more pay beyond what they would have paid you had you worked those hours/days.

    Here is some information from the Fair Work Ombudsman about resignation and notice. I suggest contacting the Fair Work Ombudsman and seeing if they can help you with getting the final payments and group certificate. In the meantime, record every correspondence between yourself and your former employer (as well as anyone else regarding this matter) in writing, detailing dates and times and facts/substance of the conversation. Make a formal written request to your former employer asking for the final pay and group certificate.
     
  3. sugarcraft

    sugarcraft Member

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    Thanks Sarah, base on my work days and the hours is kind of casual work, but in his email said I work as past time. He said he had evidence that he send out the cheque on 04-07-2014. I had sent every document such as msg , email and the only one pay slip total hours to the Fair work, but Fair work don't really to get involve , they said they send the letter to my owner and ask them to resolve the matter with me, but now I still haven't hear anything from my owner. So I don't know what to do, I don't want to lose my payment, coz I need to pay my school fee. Has anyone got any suggestion. Thanks in advance.
     
  4. Rod

    Rod Well-Known Member

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    By Fair Work, do you mean Fair Work Commission or Fair Work Ombudsman?

    Fair Work Ombudsman is the department you need to talk to.
     
  5. sugarcraft

    sugarcraft Member

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    thanks Rob, I did send all the complaining form and other document to Fair work Ombudsman. I don't know what to do now?????
     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi Sugarcraft,

    The Fair Work Ombudsman should have explained to you their process for dispute resolution. The Fair Work Ombudsman is not a decision maker, they mediate between the two sides and work with both sides to come to a workable and agreed upon solution. The Fair Work Ombudsman has knowledge of industry best practices and what would reasonably be expected in situations, they advise on the law/principles/policies/best practices and ensure that both sides are communicating.

    If you want more information about their dispute resolution process, you can read about it here or calling them and asking them what happens next.
     

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