Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I resigned from a job and gave my 4 weeks notice. In that

Customer Question
time i was due to...
I resigned from a job and gave my 4 weeks notice. In that time i was due to be paid my monthly commision, but they did not pay me only my base salary owed. My understanding they are obliged to pay me as i was still employed for the month. Is there a legislation that they are breaking?
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 3 minutes by:
8/3/2015
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,125
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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?

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Hi, is there a standard penalty for them as well? On top of paying the money owed?
Solicitor: Leon, Solicitor replied 2 years ago

Good Afternoon,

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.

Regards

Leon

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 2 years ago
Good Evening,
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
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.
I look forward to hearing from you.
Regards
Leon
Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Sorry just to clarify for them is there a fine for not paying employee entitlements that they should get? Not to benefit me just wondering is there a more severe action against them?
Solicitor: Leon, Solicitor replied 2 years ago

Good Afternoon

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.

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.

Regards

Leon

I hope this makes sense and is of assistance. If there is nothing further

Ask Your Own Australia Law Question
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,125
45,125 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Im trying to find out if by using my ID number, i can trace
Hi Im trying to find out if by using my ID number , i can trace my parents details and ID numbers? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was put off yesterday after 5 months in the job. The
I was put off yesterday after 5 months in the job. The reason I was put off was that I had an argument with a Drafts person on Friday 17 of November. After the arguement the Drafts person quite and wa… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Australian invention support, Dear Expert, Is there any
Australian invention support,Dear Expert ,Is there any organization or companies in Australia that can help me with developing and marketing my inventions ?Many thanks… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My question relates to right of way on section of our
My question relates to right of way on section of our private property that has been used as a walking track for 12 years. Council maintains weeds and grass on it. We want to subdivide and close it. C… read more
Leon
Leon
Solicitor
45,125 satisfied customers
I'm a property investor and recently my loans have come out
I'm a property investor and recently my loans have come out of their fix rate entitlements. I've asked the bank if I can extend my loan for a further 30 years or some term like that so I can pay off t… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Will try to be as brief as posible 2007 i was involved in a
hi my name is ***** ***** try to be as brief as posible 2007 i was involved in a car accident in 2012 the case was settled by Brydens on my behalf ,2016 i got a letter fro aawc ins there was an oustan… read more
Leon
Leon
Solicitor
45,125 satisfied customers
We are a year into a 24 month broadband contract with
We are a year into a 24 month broadband contract with Telstra. However, our service interruption this year has been interfering with our business and working from home significantly due to many outage… read more
Leon
Leon
Solicitor
45,125 satisfied customers
Is it possible if I can call you, don't want to discus what
is it possible if I can call you, don't want to discus what I need to ask over the Internet … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My internet is working very well after the NBN installation,
My internet is working very well after the NBN installation, however the technician just left the cable dangling from the plug he put in near the ceiling. I live in a unit, the cable runs into our sta… read more
Leon
Leon
Solicitor
45,125 satisfied customers
I has a branch of a tree fall on my home in April this year.
I has a branch of a tree fall on my home in April this year. Since then I have been trying to get the tree removed. I have been told that I need an electrician to organize the dropping of my power lin… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My Friend was advised to plead guilty in a law suit as he
Hi My Friend was advised to plead guilty in a law suit as he was the one being charged. The judge was confused as to why he was being charged and not the company and the other workers that day. The ch… read more
Leon
Leon
Solicitor
45,125 satisfied customers
My question is about telcos and their obligation to provide
My question is about telcos and their obligation to provide service coverage. I was with Dodo and mobile coverage was abysmal. I moved to Spintel and the same happened. It seems they both use Optus. I… read more
Leon
Leon
Solicitor
45,125 satisfied customers
Leon we have been speaking aobut optus. can you please
hi leon we have been speaking aobut optus. can you please provide me with an email address to send them the email about it so they wont forward the bundle onto me. please thank you nedra… read more
Leon
Leon
Solicitor
45,125 satisfied customers
My Son and his partner have split. What rights do I have if
Hi my Son and his partner have split. What rights do I have if she trys to stop me from seeing my Grandson????? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was in a same sex de facto relationship for 45 years, my
I was in a same sex de facto relationship for 45 years, my partner died 4 months ago. We have 4 properties all in my name, I lost a court case they have PSSO on them, the Sherriff asked me if anyone e… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I'm about to resign from work and have been told I have to
Hi, I'm about to resign from work and have been told I have to give three weeks notice. That is 2 weeks plus an extra week because I'm over 45. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
How should it take for an insurance company (re landlords
how long should it take for an insurance company (re landlords insurance) to reply to you with what they deem will or will not be covered by a claim..it has now been many weeks, and when I contact the… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
QCAT awarded me $15,000 for damages to my car following a
QCAT awarded me $15,000 for damages to my car following a MVA. The driver of the other vehicle was a leaner 17 years old. He has given me a financial statement saying he earns no money, student and fu… read more
Leon
Leon
Solicitor
45,125 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x