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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: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/18/2017
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,764
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 2 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 2 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 2 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 2 months ago
Just need to know the tax, which I worked out to be $1144.00
Solicitor: John Melis, Lawyer replied 2 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 2 months ago
Cant you just tell me that I am right or wrong?
Solicitor: John Melis, Lawyer replied 2 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 2 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 2 months ago

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

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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