QLD payment for work, from a company you don't work for!

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Lizzard

Member
29 August 2021
2
1
4
Good afternoon I am after some advice regarding employment pay. I hope this is an acceptable place to ask this.

I was supposed to start work with a company in Queensland but didn't and notified them just before the commencement date, as I had a better offer elsewhere.
However, before the commencement date the company paid me for 2 weeks work.
I notified them that they had paid me by mistake and was waiting to hear what and how to get the payment back to them.
In the meantime they paid me again for another weeks work! How do you make the same mistake twice?
Nevertheless, I am now in debt to them which I am keen to pay back ASAP. But, the company want me to pay back all the tax they paid and I have to claim it back at the end of the tax year,
can they do this? is this legally allowed? it hardly seems fair that I end up out of pocket for their mistake, as the amount I have to pay back is more than they paid to me, and I don't work for them....
please can anyone offer some advice on this matter.

Many thanks for all your help.
 
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Rod

Lawyer
LawTap Verified
27 May 2014
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Just pay the amount you received asap, then let them decide what they'll do next.

Ask for their bank details so you can repay the money, but without specifying the amount you'll pay. Then pay what you received and tell them you have paid all the money you received from them.

They should be able to adjust the amount they pay on their next PAYG tax payment to take into account the 'credit' paid to you.
 
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Tim W

Lawyer
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28 April 2014
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Sydney
I had one of these once through a labour hire firm, which billed their clients monthly, in advance, and paid their workers in arrears.

The error is clearly theirs, given that you never did work for them
of a kind that it would have been correct to pay you for.
Given that there are two payments, it doesn't seem like a mistakenly paid sign-on bonus or somesuch either.
I cannot see circumstances where you face personal tax liability here.

I agree with @Rod's suggestion. Send emails, or better, registered letters.
Don't just ring.
 
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Lizzard

Member
29 August 2021
2
1
4
Just pay the amount you received asap, then let them decide what they'll do next.

Ask for their bank details so you can repay the money, but without specifying the amount you'll pay. Then pay what you received and tell them you have paid all the money you received from them.

They should be able to adjust the amount they pay on their next PAYG tax payment to take into account the 'credit' paid to you.
Thank you for the advice I will indeed pay then what they paid me and see what they do after that.
Many thanks