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QLD Verbal Employment Contract but Not Paid Agreed Amount

Discussion in 'Employment Law Forum' started by Jenjen, 16 September 2015.

  1. Jenjen

    Jenjen Member

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    Hi.
    My Queensland based company offered me a position in another department. The manager & I had a meeting to discuss my new employment contract, pay rate, etc. I asked for an extra $26,000 on top of my gross pay. Even though I had recently completed cert4, I had no actual experience, so we agreed to $16,000 gross with a review in 6 months.

    He said he'd have a chat with the state manager, who was on annual leave at the time. About 2 weeks later my manager advised me that state manager accepted the offer and would I be back dated to 5 January. I started on 5 Jan. I got new business cards, with my new title, updated iPad with new software to do the job, and a new car within a few weeks.

    After about 1 or 2 months I still had not received a letter of confirmation, nor any pay rise. I had rung and emailed HR, and my manager a number of times to get this resolved. My manager kept saying, "haven't they done that yet, I'll get onto it straight away". Since we get paid monthly, I had to wait to each pay day to check, so this dragged on, until last week, when my manager told me it's all done, you should get your backpay this month or next, & there's a letter in your pigeon hole.

    As I work out in the field, I rarely go into the office or see the manager. So I get my letter, which advises I got backpay from 1 June, and my gross pay $11,000. So.. What do I do now under Employment Law? What recourse is there?

    For 8 months the company has withheld part payment of my wage. They have not given me a 6 month review, and they have not paid the agreed amount. I want to go to my manager to resolve this, but I need to get any legislation and facts beforehand.

    I've been going through fair work Australia. Can anyone help?

    Thanks
     
  2. Victoria S

    Victoria S Well-Known Member

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    I would have recommended getting in touch with Fair Work as a first step. How did you go with them?
     
  3. Rod

    Rod Well-Known Member

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    On a practical side, how much do you value your job? Is it worth the fuss and possible harm to your career? You could consider this a learning exercise, albeit an expensive one. Next time, if they don't write down the offer, you do it.

    Not sure from your post what was in your email to HR. Did it have the terms in it?

    Would not have thought this was a FWA issue, more likely FWO. Without either the support of your immediate boss or something in writing, it becomes a he said/she said issue. Without a detailed knowledge of all the facts you are unlikely to get a definitive answer here. Only pursue this if if you are prepared to lose your job over it. Employers can have long memories.
     
  4. Jenjen

    Jenjen Member

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    Thanks Victoria. & Rod I sat on phone FWO for ages . Eventually had to hang up . I wrote to manager to resolve discrepancy By next pay - Included all The emails of the conversations. He rang me said he'd get onto it... Whatever that means . I'm looking for another job as now I am disillusioned with the company as it s not the first time they've dangled the carrot.
     

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