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VIC Unpaid Christmas Wages - Entitled to Compensation Under Employment Law?

Discussion in 'Employment Law Forum' started by CarolynJ, 26 December 2015.

  1. CarolynJ

    CarolynJ Active Member

    4 December 2015
    Likes Received:
    All employees at my workplace and another site (same boss) did not receive our weekly wages on Christmas eve as scheduled because the accountant "Forgot" apparently. Do we have any recourse for compensation due to the fact we now have to wait another week to be paid what was owed, especially over the holiday period?

    Our Boss didn't even contact any of us to inform us of this stuff up, no contact from him at all.

    We work for a franchise and have now been put in difficult circumstances with overdue bills, late rent payments and in some cases, overdrawn bank accounts.

    Is there any action we can take under Employment Law?
  2. Sophea

    Sophea Guest

    Then your employer acted as soon as practicable to rectify the problem, there would not appear to be a breach of payment of wages provisions under the modern award, or the Fair Work Act 2009 and therefore no right to compensation.
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    I agree with @Sophea.

    So long as you have received the wages,
    and it was a genuine error, that was acted upon as soon as possible,
    then there's no real entitlement to anything extra because you had to wait.

    Are you paid by the franchise, or by the head office payearoll system?

    I am firmly of the view that employees in franchises are particularly vulnerable
    and should be unionised. Give it some thought.
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