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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a question about a wage overpayment. I have been

Customer Question

I have a question about a wage overpayment. I have been receiving workcover for 12months now and at the time of leaving work was on a part time contract from my substantive full time position. When my contract finished my employer started paying me at a full time rate however 6 months down the track they have contacted me to say they have been making a mistake for the past 6months and I now have a $15000 overpayment. To I have any recourse to refuse to pay this amount?
Kind Regards
Jayne Burton
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months 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 but a guide to assist you.

Had you ceased working for them when they paid you?

Customer: replied 11 months ago.
No I am still on Workcover.
Expert:  Leon replied 11 months ago.

So you have been paid by work cover and also the employer at the same time and received double your income?

Customer: replied 11 months ago.
No, my employer has an agreement where by they pay their employees and not work cover (Education QLD). So I have been receiving payments from my employer.
Expert:  Leon replied 11 months ago.

Good Morning.

Is the overpayment the difference between what you are entitled to be paid under workers compensation and your normal pay?

Or are they saying that you pay it back because you did not come to work?

Customer: replied 11 months ago.
I hold a full time position with education QLD. I have been off work for over a year. I had a variation contract to work a 50% load last year and subsequently was paid 50% of my wage however when my contract was complete at the beginning of the year (even though I was still on Workcover) they went back to paying me at my full time rate.
Customer: replied 11 months ago.
6 months on they have decided that they shouldn't have changed my pay back to full time and that I should have still been paid at 50%. Hence I now owe them the difference for the past 6months between full time and part time.
Expert:  Leon replied 11 months ago.

Good Morning

I am sorry to say but the QL:D act says you will be paid the rate of pay that you were earning in the 12 months prior to the accident.

Here is the link and you can work that our.

As such you will have to pay it back to them because you have been overpaid because of the rate you were on before the accident.

Even though you were to go bak on your full rate when the contract was over, because of the accident you are not entitled to the overpayment.

I completely understand you may not have it to pay back but you will have to repay it. If you can afford to repay it by instalments or reach an agreement where your payments stop for a period until it is repaid these are your best options.

I am sorry I cannot be the bearer of better news.

But this is how the act applies.

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.



Customer: replied 11 months ago.
I understand that however in the fair work act there is legislation stating that an employee can not be unduly financially burdened because of an overpayment.
Expert:  Leon replied 11 months ago.

Good Morning.

They cannot force you pay it all back at one time but they have the right to get it repaid.

You are entitled to request that it be paid off by instalments.

Here is some information

They cannot deduct money without your consent so any arrangement has to be by consent.