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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42626
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I resigned from a job and gave my 4 weeks notice. In that

Customer Question

I resigned from a job and gave my 4 weeks notice. In that time i was due to be paid my monthly commision, but they did not pay me only my base salary owed. My understanding they are obliged to pay me as i was still employed for the month. Is there a legislation that they are breaking?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They are obligated to pay you all your entitlements.

This means any accrued annual leave, Long Service Leave if you have been there for the required time and any commissions up to and including the date you leave.

If they have not then you are able to sue them for the money in QCAT.

All of these rights are set out in the Fair Work Act and general law.

If you had an employment agreement it would have also set out what happens to your commissions.

All of these combined make up what your legal position is.

I hope this makes sense?

Customer: replied 1 year ago.
Hi, is there a standard penalty for them as well? On top of paying the money owed?
Expert:  Leon replied 1 year ago.

Good Afternoon,

If you have to sue them you can charge interest from the date that you leave and also the court costs. There is no other penalty.

If they have not paid super there are penalties set out in the Act and you can report them to the ATO

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.
Good Evening,
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Customer: replied 1 year ago.
Sorry just to clarify for them is there a fine for not paying employee entitlements that they should get? Not to benefit me just wondering is there a more severe action against them?
Expert:  Leon replied 1 year ago.

Good Afternoon

If they do not pay the superannuation there are penalties up the the amount they have not paid and those penalties are added to your super.

For the other entitlements there are only interest payments on the outstanding amount at 8% currently and if they have breached the rules of the ATO not issuing PAYG payment sheets the ATO can have them prosecuted.

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

I hope this makes sense and is of assistance. If there is nothing further

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