Lost $1,500 Cash and Dismissed?

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20 July 2014
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I had forgotten to lock door at work and lost $1500 in cash. I intended to pay it back, but I was dismissed because of it, although I gave 1 week's notice that I was resigning,

Now they don't want to pay my holiday leave actual. I have to pay the money lost.

Am I entitled to my holiday pay? They are not allowed to dock this money, am I entitled to one more week's pay as I have given notice to that week.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
There are two distinct things here - your entitlements and the debt.

They are required to pay you your entitlements, yes.
But they are not entitled to withhold the money you lost from that amount without your consent.
You can agree to have the amount you owe deducted from your final entitlement,
but they can't hold it back off their own bat.

Of course, the above assumes that you are entitled to more than $1500.

I would also need to be convinced that an on-the-spot dismissal was not harsh and unconscionable.
Especially since any employer who leaves that much cash unsecured in the workplace, outside hours,
is foolish indeed. Foolish enough for contributory negligence to be in play.

You would be well advised to contact the Fair Work Ombudsman.
 

Rod

Lawyer
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27 May 2014
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Fair Work Commission for unfair dismissal - must be applied for within 21 days.
Fair Work Ombudsman for unpaid wages/entitlements - you have 6 years to apply.