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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42322
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter has a claim against her former employee for

Customer Question

My daughter has a claim against her former employee for underpaid wages and holiday pay
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: qld
JA: Have you talked to a lawyer yet?
Customer: Initially we approached fair work qld, the ombudsman was involved
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Fair work qld organised a terms of settlement with the respondent, but the amount offered was below half of the owed amount, I approached my solicitor and he supplied a new term of settlement for the full amount owed. this was forwarded to fair work and they forwarded it to the respondent. though we gave ample time for a response, none was forthcoming. fair work ombudsman this week said their role in this matter had been concluded and suggested we go the small claims. I feel fair work didn't finish what was started. we are considering the fair work commission.
JA: Anything else you think the lawyer should know?
Customer: we did want to know the costs to lodge a small claim, as we already spent a lot on the solicitor
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months 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 but a guide to assist you.

Fair Work can only try to resolve the issue and it appears that the employer is not going to agree to pay the whole lot. As such your daughter now needs to sue them in the Magistrates Court for the money as a debt.

She should also check and make sure that she has been paid her superannuation contributions. If they have not been paid she should report them to the ATO.

The process for debt recovery, for the unpaid wages, can be found on the following link.

She has to take it to the next step and also claim the court costs and any interest.

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.



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