Hello Felicity. Is there anything in the contract you have signed about how the invoices are to be presented? ABN to be stated, et cetera.
If there is something in the contract and you have not complied, they may have the right to withhold payment. However, if there is nothing in relation to complying with certain requirements under your employment contract, then you should expect to be paid within a reasonable time, and I think seven days is in the circumstances reasonable.
A solicitor will always get a little bit suspicious when there is a delay, an unexplained delay/unreasonable delay, in payment of anything. Is there any reason to believe that this company might be facing some financial difficulties?
I think in the circumstances that I would be immediately sending them a stronger communication – email or letter – indicating that payment should be made immediately – that you have complied with all of the requirements under the contract of employment. You will have to word this communication as diplomatically as possible, because no doubt you want to complete the contract without any significant disputes arising, but nevertheless it should be worded sufficiently urgently. It is most unusual that payment is delayed for this long, and they really should be providing you with a full explanation of what is going on – and if there is any problem they should tell you about it and you will do your best to rectify it. But, you have bills to pay and you must be paid by them as per the contract.
There are no reasons why I haven't been paid according to my contract, but Ashley have hired another Aged Care Trainer who is nit-picking all of my work and thus far, coming up zero.
I have sent two emails re payment of my invoices, which come to $6,000, but to no avail.
I have given them my ABN, address...everything
I don't think they are under financial duress as they are still paying all other employees
I have had no explanation as to why they are with holding my pay, except the one I wrote to you in my original question, which is generic at best...
I suppose I am also asking whether companies can with hold payment for work completed!!!
Plus, I have always been paid in the past which in itself makes me suspicious as to why they're with holding my pay now
This payment obligation is in a legal sense no different than any other financial obligation – they cannot withhold payment if it is due under the terms of an agreement. You have a legal right to have the payment made, and a legal right to enforce that payment if necessary.
Personally, I would physically go to their office, seek a meeting, and demand an explanation of why you are not being paid. They can hardly be surprised that you are concerned about the situation.
If they have paid in the past without difficulty, then I too am very puzzled about what is going on, and would be concerned that there might be some financial difficulty. You could perhaps raise this with them. The payment is due, you have made several demands, and they are making excuses – are entitled to know more information, and you should insist upon more precise information being given to you.
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