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I have an employee who is claiming Im not paying him the…

Customer Question
I have an employee...

I have an employee who is claiming Im not paying him the right termination pay, his leave entitlement is $3,270.80, there are no other entitlements I taxed him $1,144.00 is this correct?

Lawyer's Assistant: Have you documented this or discussed it with HR?

I have it documented And my calulations

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Um I just need help with the calulation

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/18/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,547
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

did you have the entitlement numbers checked by the accountant ?

If not i recommend that you do so, as this will avoid a breach under the Fair Work Act.

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Solicitor: John Melis, Lawyer replied 8 months ago

ok, that's good.

Then stand firm on your calculation.

As long as the numbers have been confirmed by the certified accountant, and if a claim is raised against you, and the accountant numbers are wrong, you will be able to raise a claim against the accountant for negligence.

Have you invited the employee to a mediation session yet to explain the numbers ?

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Customer reply replied 8 months ago
I dont want a call,
His Gross wage is $1406.00 per week
His Leave entittlement is $3270.80.
The $3270.80 is all that he is entitled to as he has been paid up to date.
Customer reply replied 8 months ago
Just need to know the tax, which I worked out to be $1144.00
Solicitor: John Melis, Lawyer replied 8 months ago

this is where your accountant deeds to confirm the numbers, as this is the only way to protect yourself from a claim under the Act.

I have extended a very special offer to talk on the telephone if you prefer to make it easier to review ?

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Customer reply replied 8 months ago
Cant you just tell me that I am right or wrong?
Solicitor: John Melis, Lawyer replied 8 months ago

I can advise you on the legal aspects, not the actual numbers per say, unless I have the total spreed sheet

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Customer reply replied 8 months ago
$1,083.00 $1,830.80
$3,270.80 entitlement divided by 52 = $62.90
add the normal gross amount to the $62.90 = $1468 .00 (ignore cents)
calculate tax on the above amount ($1468.00) = $345.00
subtract the normal tax from the new calculated tax = $22.00
$345.00
-$323.00
$22.00
multiply the $22 by 52 wks= $1,144 .00
$3270.80 less $1144.00 tax = $2,126..80
Solicitor: John Melis, Lawyer replied 8 months ago

when you are ready select the special offer and we can talk it through on the phone

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