SA No Payment of Salary

Discussion in 'Employment Law Forum' started by Kenny, 18 March 2018.

  1. Kenny

    Kenny Member

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    Hi all,

    I had been working at a company in Adelaide, SA for under a year in 2015. It was small "company" that only had the employer, myself, and a few helping hand. I was originally working there as part of my visa scheme as well, as they said they would sponsor me for a work visa (I was on a Working Holiday at at that time)
    I was working part-time for the first couple of month (Although I was on a full-time contract...) and full time for the latter half, meaning I had to cut down on my other actual part-time job I had been doing at that time.
    For the 10 months I ha worked there, I had not been paid a single dollar, but I couldn't really say anything, as my visa was at stake at that time. After the 10 months, I had no visa to stay in Australia anymore as I had no record of payment from that company. I had been in talk with my employer with my visa agent, and I have also asked the Fair Work Ombudsmen to intervene, in which he replied that he would pay at the start of this year. From there on, I cannot reach him in anyway. I would ask for a legal advise from a lawer directly if I could, but the catch here is that I am already residing in Japan.
    Is there anyway for me to make legal actions against my ex-employer? I have records of my contract, work and correspondence.

    Thanks for the help!
     
  2. Rod

    Rod Lawyer
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    Yes. Hire an Adelaide lawyer and they can start proceedings. Keep in mind if the employer has no money it will be a waste of your money chasing something that doesn't exist.
     
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  3. AllForHer

    AllForHer Well-Known Member

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  4. Rod

    Rod Lawyer
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    Unless resourcing has recently changed at the FWO they'll unlikely help in recovering money. They'll likely help identify the exact amount to be recovered, but tend to save their 'prosecution $' for cases involving public interest or multiple employees.
     
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  5. Matthew Lynch

    Matthew Lynch Lawyer
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