Hi,
My husband left his previous employment well over a year ago. When he left his previous employer, he asked if he would receive any of his long service leave as he'd been with the company over nine years. At the time, he wasn't aware of the details of legislation on the matter, so asked the head of the pay department.
His employer said yes they'd pay him his long service leave pro-rata. That was fine. We thought no more about it. Now more than a year later he received an email asking for the amount back.
Where do we stand? Is this something they can do under employment law?
It wasn't a pay error, it was volunteered and accepted in good faith. Can they just ask for it back? Do we engage a lawyer or do we just have to pay it back?
All help will be greatly appreciated
My husband left his previous employment well over a year ago. When he left his previous employer, he asked if he would receive any of his long service leave as he'd been with the company over nine years. At the time, he wasn't aware of the details of legislation on the matter, so asked the head of the pay department.
His employer said yes they'd pay him his long service leave pro-rata. That was fine. We thought no more about it. Now more than a year later he received an email asking for the amount back.
Where do we stand? Is this something they can do under employment law?
It wasn't a pay error, it was volunteered and accepted in good faith. Can they just ask for it back? Do we engage a lawyer or do we just have to pay it back?
All help will be greatly appreciated