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Hi. I started working for a company in 2008 with a verbal contract.

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12 months later, the director...
Hi. I started working for a company in 2008 with a verbal contract. 12 months later, the director asked me to take on the Practice Manager role in his three Radiology practices. Together, I was working 70 hours a week. Anyway, last Tuesday I resigned saying that I could not keep that pace up. I was missing out on too much. The resignation came about because I cashed in a weeks leave to pay a tradesman to undertake work at home since the director would not let me have time off. When he hit the roof, I apologized and transferred the weeks pay back into the company account. The cashing of leave is a common practice within the Radiology Practices. So, now there is the issue of being paid my leave out. I gave two weeks notice on Tuesday but the Director clipped it to a finish date of last Friday. I took leave on we'd, Thur, and Fri. Now, he saying that I was a contractor and the leave will not be paid, despite him paying PAYG for the last two years. That was not our understanding. I'm kicking myself for not getting a contract in writing. Where do I stand ? I just want to be paid the 65 odd hours of leave I have accrued and the superannuation that goes with it. I found out from his accountant that they have not been paying Super either for the last two years. First of all, I want to know if he can withold my holiday pay, and secondly, is he able to insist that I was a contractor and claw back two years of PAYG. I feel like Im getting shafted despite having given everything to this role. I know I need to get formal advice but I can't sleep, it has me tied up in knots. Thankyou for your consideration of my situation
Submitted: 8 years ago.Category: Australia Law
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6/29/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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[QUOTE] Where do I stand ? [/QUOTE]
From the sounds of it you have grounds to make a complaint to the Fair Workplace Ombudsman on the basis that your workplace rights have been violated. I recommend that you call 13 13 94 and make a complaint about this. You will need to fill out a complaint form which can be posted to you from the Fair Workplace Ombudsman. When you call 13 13 94 ask them to send out to you such a form.

Your complaint may result in an investigator coming to see your employer just to make sure workplace laws have been complied with! Not paying an employee leave entitlements is against the law, so if the investigator finds that this has occurred - fines and other penalties could be applied.

If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.
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