NSW Please help.. withholding pay.

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Aimee_Claire

Member
7 December 2019
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Hi,

First of all, thank you to the kind lawyers who help in this page.

I was recently terminated for sticking up for my rights and justice in a racist and bullying work place.

The reasons she gave me were that it was a ‘cultural fit’. When I questioned her ethics on a situation, she screamed shouted and swore down the phone and told me, “well I’m not changing, if you don’t f****g like it get another job”

We both know this is why she got rid of me but I have no proof and although I went past my 6 months probation, and hit financial targets and was paid bonuses, she can use my awful admin logging skills against me as performance.

I refused to sign the ‘obligation’ letter on the termination day (restraint clause) and now she will not pay me my last 2 weeks employment and 2 weeks annual leave.

Is this legal?

I have a letter from a previous employee which is a formal complaint outlining specific dates and events of the awful discrimination and bullying that took place.

I don’t have the resources or the proof to fight her for unfair dismissal but I would like my pay and somehow help future employees know what a toxic environment it is.

There’s only 6 People in the NSW office and 6 have left in 7 months.

Please help as I don’t know my rights.

Sorry this is a lot to unpack I hope it makes sense!

Thanks
 

Rod

Lawyer
LawTap Verified
27 May 2014
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I refused to sign the ‘obligation’ letter on the termination day (restraint clause) and now she will not pay me my last 2 weeks employment and 2 weeks annual leave. Is this legal?
No.

And you have 21 days from date of dismissal to lodge an unfair dismissal claim.

Alternatively you can lodge a small claim in the Federal Circuit Court anytime in the next 6 years.