Have Australian Law Questions? Ask a Lawyer Now.
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?
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.
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.