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I have an employee left without notice. I have deducted 40…

Customer Question
I have an employee...

I have an employee left without notice.

Lawyer's Assistant: Have you discussed this with your HR staff? Or with a lawyer?

I have deducted 40 hours pays in lieu of notice and he did not have enough annual leave to cover the shortfall. He owes me $345.20 how do I collect this amount. I went to the court house and they indicated it not there durastriction.

Lawyer's Assistant: Is your employee "at will?" Does he belong to a union?

He does not belong to a union.

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

He is claiming 2 days sick leave, he did not ring in sick did not notify anyone and wont provide a sick leave document. I was out of office at the time, he resigned on a Saturday morning when he knew I would be home on the Saturday he could have emails or left a phone message but chose not to.

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/28/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,536
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

was there a contract in place ?

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Customer reply replied 2 months ago
Hello Glen,
I wish to confirm our telephone conversation and offer you the position of Fire Safety Technician.
The start date is Tuesday 26th September 2017.
Your starting pay rate is $25 per hour, this includes all allowances.
Any additional hours is at this rate and can be paid or taken as time in Lieu.
Your pay will be reviewed at the end of the normal 3 months trial period.
Annual leave and all other leave and issues as per the award.
I also confirm that you can have leave without pay for January 2018 as you have planned your holiday for this period.
We will close down for a period over Christmas, dates to be confirmed.
We can work around your holiday program, as your late start in the year does not give you much annual leave for 2017.
Some travel is involved, we service Kununurra, Halls Creek, Fitzroy Crossing, Wyndham and many Pastoral properties and communities in the Kimberley and Northern Territory.
All expenses with travel away from Kununurra are paid by KRT.
Regards
Kevin
Customer reply replied 2 months ago
Your costs will exceed the amount I am trying to claim The first email said $5 you charged $113, NOW ANOTHER $85
Solicitor: John Melis, Lawyer replied 2 months ago

Thank you for this extra detail.

Yes you can claim the monies owed to you, but you also need to be careful if the employee raising a counter claim too.

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Solicitor: John Melis, Lawyer replied 2 months ago

We can chat in this forum post as long as you need without further charge.

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