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QLD How to Prove I Never Received Wages in Cash?

Discussion in 'Employment Law Forum' started by Corum, 27 December 2015.

  1. Corum

    Corum Member

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    Mediation with my previous employer and Fair Work Australia ombudsman has failed and I now need to make an application to small claims tribunal to have the issue resolved. My previous employer constantly skipped my pay, was late pay every week and just flat out under paid me with no payslips to figure out what was going on.

    I was paid EFT transfer and have records of all transfers and their dates. This proves underpayment of my wages and how much. The night before mediation he emailed me and fair work Australia all the payslips for my employment period. For the weeks where he had skipped my pay, he wrote down on the payslips he had paid me in cash for that period. This however is completely fabricated.

    I did receive 2 or 3 cash payments, but they had me sign for it in their wages book. I have asked for copies of all cash payments with my signature but have to date received nothing. When in mediation with fair work Australia, I told them I had never received the cash payments nor seen the payslips until the night before. Fair Work said I would have to prove that I never received the cash payments. I'm here because I don't know how to prove in a court of law that I never received the payments or if it's possible.

    Any help under employment law would be greatly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Corum,

    In this situation, all you can do is provide the evidence you have and it will be your testimony and your credibility to give weight to that testimony that the court will rely upon. It will also be up to your employer to somehow prove that they made the cash payments and that they came to an agreement with you to receive your wages in cash instead of EFT and the court will also judge their credibility in court in order to determine what weight to give their evidence.

    You could point to the fact that you never signed anything to prove receipt of the cash payments.
     

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