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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44349
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a teaching contractor and I invoice my client on a

Customer Question

Hi,
I am a teaching contractor and I invoice my client on a weekly basis. Most invoices have been paid, however, today a manager told me that I may have been over paid and, if so, he will deduct any over payment from outstanding invoices.
My question is; is it legal for an employer to take money retrospectively once paid under Victorian law?
Thank you
TINA
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 Please understand this is not legal advise but a guide to assist you.

In your contract what is your rate and have you been charging them correctly?

They cannot deduct money form your payments without your consent.

Customer: replied 1 year ago.
Hi,
Thanks.
My rate is $30 x 4 hours per week for prep work (agreed upon contracted) and $55 for teaching, however on my invoice i include the real time prep, eg, 10 hours then i deduct 6 hours so that it amounts to the four hours. The manager approved all this until now, when he told that he doesn't think he was vigilant enough. So now, he will review all the invoices and any loose change that i may got he will deduct it from outstanding invoices.
Expert:  Leon replied 1 year ago.

Good Morning

If that is what the contract says and it is signed by both parties then they have to abide by it. They cannot change it unilaterally. They need your consent. If your tax invoices show that you are billing them as per the contract you have no issues and you can sue them.

If they start to reduce your invoices then you take them to court. Send them an email or letter with the contract and tell them you will be enforcing it against them.

I hope this makes sense. 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

Customer: replied 1 year ago.
Leon,
can I ask another question ?
If so, it's about privacy. Is there a act/law that prevents colleagues and coordinators from reporting what is thought to be a private email exchange. I thought my emails were between my coordinator and i untill i found out that she was passing it on to a senior manager. Thank you in anticipation.
Tina
Expert:  Leon replied 1 year ago.

Good Afternoon

If the emails are between you and them, they are owners and have a right to show others.

So your coordinator can share.

I hope this makes sense.

Good luck with it all

You are very welcome and 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