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VIC Theft Charge - Employment Entitlements Being Withheld?

Discussion in 'Employment Law Forum' started by Bobby1970, 30 April 2015.

  1. Bobby1970

    Bobby1970 Member

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    Hi, I've asked this before without an answer, hoping someone can help.

    My partner resigned from a job after being told she was being investigated for fraud. She gave full notice.

    She has since been charged with theft totalling $1053 but her former employer is holding nearly $6K in entitlements and has failed to answer any emails, including a letter of demand - which included holding the $1053 until after the court case. We know they've received them because the store manager answered the email indicating HR would contact her - they haven't. They have also failed to provide a Separation Certificate as they refuse to terminate her in their system as that would mean needing to finalise her entitlements.

    We're not sure what to do next under employment law?

    Cheers.
     
  2. Tracy B

    Tracy B Well-Known Member

    Joined:
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    Hi Bobby1970,

    First, check your partner's employment contract (and any documents incorporated into the employment contract by reference):
    • Does it entitle the employer to withhold benefits for any reason?
    • If so, have these reasons been met?
    • Does the agreement say when entitlements must be paid (e.g. 30 days after termination)?
    • If so, has this period expired?
    Second, are the entitlements accumulated but unpaid, or future entitlements continuing until the end of year? Make sure you separate the entitlements to (i) accumulated but unpaid at point of resignation, and (ii) entitlements past point of resignation, if any

    How long has it been since your partner last wrote to the employer requesting an answer? Write a formal letter of demand for the entitlements accumulated but unpaid

    Speak with the Fair Work Ombudsman in Victoria. They may be able to help with contacting your employer and getting them to respond. If your partner is charged with fraud, is this a criminal offence or civil action? It is best for your partner to speak with her local community legal centre (or Fitzroy Legal Centre if urgent) and Legal Aid Victoria for how best to approach the fraud charge (and it may affect your partner getting her full entitlements back).
     

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