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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?
So it is the labour hire company that has not informed you about the change?
Not the company you are working for?
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.
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.
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