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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44181
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been employed through labourhire. I am 2 wks into

Customer Question

Hi, i have been employed for 16months through labourhire. I am 2 wks into going onto the companys books- no longer labourhire. My supervisor informed me that i was overpaid by the labourhire company! Incorrect payrate. Am i liable to pay it back?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else important you think the Lawyer should know?
Customer: Since finding out this, I found my letter of confirmation from the labourhire and it states that i was employed as a forklift driver. The company then placed me inside the warehouse and i assumed that the company and labourhire would have discussed my new position - and changed the rate accordingly. But they obviously didnt. Now i am concerned.
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Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

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 advice but a guide to assist you.

Do you have any agreement with them to say what you should be paid? When you say they changed the rate, do you mean in the agreement and then paid you as a forklift driver?

Customer: replied 1 year ago.
I have a letter of confirmation for starting work stating i was employed as a forklift driver including the payrate and grade - from the labourhire company. It seems the labourhire remained to pay me at forklift rate, however the company i was hired to changed my role. Which i assumed- they would have informed the labourhire to change my payrate accordingly. However- i now know that my payrate wasnt reduced to the role i was doing.
Expert:  Leon replied 1 year ago.

Good Morning

So it is the labour hire company that has not informed you about the change?

Not the company you are working for?

Customer: replied 1 year ago.
Am i liable to pay any overpaid moneys back? The labourhire is aware and my supervisor is also aware if being incorrectly paid at wrong rate.
Customer: replied 1 year ago.
The company informed me of the incorrect payrate. Who has contacted the labourhire company for my contract with labourhire.
Customer: replied 1 year ago.
Which states in my contract that i was employed as a forklift driver.
Expert:  Leon replied 1 year ago.

Generally yes you are liable to pay the money back.

The issue I have is that you were not informed of the change in the rate of pay.

You were lead to believe that you would be paid the rate you were employed at but in a different role. This is the impression you have given me.

If this is the case and it was to go to court then you may have some success.

If you had knowledge that the new role was at a lower rate then you would not have any success.

If they did not tell you that your rate would be less than the initial contract you can fight it.

If this would impact on you getting a permanent job then you would have to consider doing a deal to settle it.

They cannot force you to pay it is one lump sum you can negotiate a payment plan.

Telling you now after the fact does not mean you had knowledge.

Customer: replied 1 year ago.
Are you able to answer mu question, if if i am
Liable to pay back the money
Customer: replied 1 year ago.
They never informed me that my new role would mean a change in pay rate. Thank you for your advice. It is something to go by- if this matter is taken further.
Expert:  Leon replied 1 year ago.

Yes you do have to repay it.

Here is a link that sets out the law.

Having said that, if they failed to tell you that your rate of pay was to be less than that on the agreement when you were changed in your role, you have an argument if it goes to court not to pay.

It is not a simple yes or no answer.

You need to look at everything that happened and what you were told and agreed to.

But the link explains the law in detail.

I hope this is clearer.

Expert:  Leon replied 1 year ago.

Good Morning

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.



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