VIC Unpaid final wage and super

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jaspersmum

Active Member
11 September 2016
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0
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I'm in a similar position to another poster.
Background on this company. Has had 116 employees through the door in 9 years and has not paid super for the last couple of years. Wages paid monthly in arrears and banked out of the business's account on the day listed as pay day (25th each month). When people leave there is no payment of wages or super owed.
I resigned earlier this month without notice fully aware that l would be forfeiting my annual leave but knew l was entitled to pay for the hours l worked till l left, which is around $1500 and that l had to wait for the monthly pay run.
So, no pay after the 25th. Contacted the ex employer regarding this and no super payments.
Received an email advising the cheque was sent to my home address on 24.08.2018. Super is out of their hands as it is with the ATO and reminder of non compete clause for 4 years.
Responded back advising that cheque not received & if no payment received by 14.09 l will lodge with the magistrates court. I also requested advice on when the $6k odd of super will finally be paid and a staff member cease disparaging remarks about me (its a small world in my industry). Didnt even mention the crap about the non compete clause as there is no way l would be interested in any of their business. Get an email back tonight stating cheque was sent on 24.08 and if it doesnt arrive by midday 07.09 to contact them, they will cancel and then once process has been followed issue another cheque and send it registered post. Also was advised to cease slandering staff member who has been making comments about me (its all hearsay anyway, but have definitely been slandered and bullied by this person whilst employed there so know how they operate). I can't afford to wait on their convenience as l know that this will just get dragged out in the hope l go away. This was my mortgage payment and another scheduled monthly bill.
I have opened a case with fairwork and they have been copied into all of the emails.
I have seen this employer do this to 20 odd employees whilst l was there.
Is there any way l can get them to prepare a cheque for me to collect from the premises or them to reissue the cheque immediately.
Apologise for the saga and thanks in advance.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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have opened a case with fairwork
Commission of Ombudsman?

Is there any way l can get them to prepare a cheque for me to collect from the premises or them to reissue the cheque immediately.
No. Even a court can't do that. That's why there are warrants for seizure and sale.
 

DMLegal

Well-Known Member
28 May 2018
187
32
514
Rod is correct. Although you can send a letter of demand which might spur some action. Failing that I would lodge a minor claim at the magistrates court. If you want 'justice' for the other employees, the FWC/FWO is the way to go since, the FWO at least, has the ability to investigate etc. The super issue is with the ATO, be sure lodge a complaint with them too.