WA I wasn't paid by my employer for the last 4 days of work.

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Jman1990

Member
30 January 2020
2
0
1
Hi Guys,

I was told by my employer that they wouldn't be paying my last for days working because they had paid for some training before I started and shortly after I began I left due to workplace harassment (bullying from others I was working with; however, I don't have any evidence of the bullying.) resulting in a trip to the hospital and then being fired from the job.

below is a copy of all the documents I have that I think might be related to the case:
Aircomms.zip

What should I do? Should I tell my employer to pay the 4 days worth of work? Do I sue him if he doesn't? Should I sue him for damages?

The bullying consisted of me not being allowed to use tools or do any work, being belittled and not given any chances to show them I could do the work. I was following health and safety practices and was reprimanded for it.


Thanks,
Jman
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,591
915
2,894
They should have paid you the 4 days. You likely need to pay something for the training, unless it was in-house training.

I don't know the difference in $s and can't comment whether you should just let the matter go, or fight for your money.

I do not think the bullying is a factor unless you can prove it and show it amounts to a breach of contract.
 

STEVP

Active Member
21 February 2020
5
0
31
It may relate to a question of illegal deduction. Under the Fair Work act, it depends on whether you have authorised this deduction in written and the deduction needs to be principally for you benefits; or whether the deduction is authorised by Enterprise agreement or modern awards or the order from the FWC. If you have not authorised this deduction in written, basically they could not deduct it. If you have this kind of authorisation. It may depends on whether the training is the requirement of the role, which means that if you do not take that training, you could not fulfil the requirement of the employment , you may argue that the deduction is not for your benefit, but for the employer. You may argue it is the business cost and should not be your burden. You may have the option to make a underpayment claim in a court or ask for the assistance from FWC, they might investigate the underpayment and makes some order. Careful, what I said is based on a precondition that FW Act applies to you. In WA, the following types of businesses are not covered by the national system: sole trader; partnership; other unincorporated entities; non-trading corporations. Those entities might be covered by State law, and there might be some different prescriptions.