How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5525
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

Sacked by employer Nov 20 2015, failed to pay service leave

Customer Question

sacked by employer Nov 20 2015 , failed to pay long service leave and casual allowance wrote to them in March making demand for payment. Was advised by FWO they would mediate. Had mediation admitted they owed $57k I say they owe $107k but would not even pay what they owe. FWO useless said I would have to take action for recovery. Taken action in Ind Mag Court. Again mediation admitt they owe to Registrar. Finally agreed to pay long service leave without interest or penalties at $37/hr my actual pay rate. Want a deed to stop me useing payment to support my claim of under payment of 96k in csual allowance and overtime. They want to use award rate not actual rate I was paid for the 6 years of my claim.
JA: Because employment law varies from place to place, can you tell me what state this is in? PayPal, Debitcard or credit card are all fine. Has anything been filed or reported?
Customer: WA, how much do you charge for opinion?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: 5468279045945049 exp 02/20 579 MC David Churches
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just looking for an opinion
Submitted: 6 months ago.
Category: Australia Law
Expert:  Daniel replied 6 months ago.

Hello

What is the status of the matter in the Magistrates court?
Are proceedings still on foot? They have just made an offer to settle?
Issue is, the court will want you to settle, they will push you to settle for less, its how the system works as it pushes to resolve the matter.
If they are made aware they offered to pay you rate without interest, and you do not take the offer, you hold yourself open to have a cost order against you if they are successful in court.

My input, take the offer.

A deed of release is standard in these matters.

I wish I could give you better news, but again, it is how the system works.

Please click accept / rate my service. I am able to answer further questions for free after doing so.

Expert:  Daniel replied 6 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 6 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.