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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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After 5 years of employment, my job as a painter was

Customer Question

Hi my name is*****
After 5 years of employment, my job as a painter was terminated on the 27h October, 2015. My final pay was put into my bank account on the 29th oct. Unfortunately my final pay was approx $3000 short. I rang my employer yesterday asking why. He informed me that he had deducted this figure due to an illness i had picked up around 3 years ago. I had pneumonia for around 4 weeks. Finally returned to work 6 weeks later. Now, he did pay me over this period, but on returning to work i actually asked him about these payments, and he just said 'dont worry about it.. its all sorted".. So with that forgotten over these years. All know with regards ***** ***** annual leave, is whats printed each week on my pay slip. The latest figure is 337 hours. So my question really is does he have the right to deduct anything from my final pay without my knowledge... and is the figure on my pay slip a legal binding figure or can he alter it to his own advantage? Thank you Tony.
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.

He has to be joking.

He cannot do that.

You are entitled to sick leave and he has not paid you when you were ill so you on leave without pay. You are entitled to the sick leave you had accumulated for that time plus the rest.

You should sue him for this.

You work out what you are owed and also the sick days you should have been paid and sue for the lot.

You also have 21 days to sue for unfair dismissal if you were unfairly terminated.

Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Tony,

Since I was working on your query anyway... in addition and to support what Leon has stated...

Fair Work Ombudsman

If you have a dispute regarding your final pay with your employer and are unable to resolve it... then you can contact the Fair Work Ombudsman and ask them to assist you to resolve the dispute.

https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay

Your Minimum Sick Leave Entitlements

The term ‘personal/carer’s leave’ effectively covers both sick leave and carer’s leave. The minimum entitlement to paid personal/carer’s leave for an employee (other than a casual employee) is 10 days per year. 5 years = 50 days or 10 weeks.

An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the number of ordinary hours worked, and accumulates from year to year.

Personal/carer’s leave continues to accrue when an employee takes a period of paid personal/carer’s leave or paid annual leave. Personal carer’s leave and compassionate leave will not accrue on unpaid leave unless it is community service leave or it is provided for in an award or agreement.

Payslip figures are not final

The figure on your final pay slip is not legally binding, and can be challenged.

Unfair Dismissal?

Was your termination fair? or unfair? If unfair - you have 21 days from your last day... to lodge an application with the Fair Work Commission.

https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/dismissal-termination-redundancy/what-unfair-dismissal

Redundancy?

Are you entitled to.. and were you paid redundancy pay? To determine this, we need to know whether your position will be filled by someone else, or your employer is downsizing the business... Also relevant is knowing how many employees work for your employer?

Notice

How much notice (if any) were you given regarding your termination? What does your employment contract (if any) say regarding notice?

Kind regards,

James

Expert:  Leon replied 1 year ago.

Good Evening

I am just following up my last post

Are you still in need of assistance?

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