Former Workplace Not Paying up

sulmar on 29/03/2016 - 18:08

Hi,

In short, i was working at a private place teaching kids. There was no written contract but just a verbal agreement. I left the place as i wasn't happy and gave a four weeks notice. Used to get paid every fortnight so for the last two weeks of my work, i did not receive a check or payment. It's been over five weeks now since i left and I've tried speaking with people in charge at the place but it seems they have no intention to pay me as the response is always 'yea we will' but i just get the feeling it isn't happening. I know its not alot of money but still around 2k.

Was wondering what my choices are since i had no written contract.

Any advice will be really helpful and appreciated.

Thanks.

Education & Work

Comments

  • the-mal on 29/03/2016 - 18:16
    +3

    Have your communications with them where they say they will pay you what you're owed been written communication (email, SMS etc)?

    If not make sure everything from here on in is written. Verbal means nothing as there's no proof.

    Obviously in future always have a written contract. Zero excuses. For exactly situations like this.

    When they paid you previously was it in cash?

    • sulmar on 29/03/2016 - 19:53

      Obviously a mistake which i realise.

      Also, it was via direct debit.

  • peterpeterpumpkin on 29/03/2016 - 18:50
    +8

    If you paid taxes via PAYG (or even if you didn't) then you can contact the Fair Work Ombudsmen (https://www.fairwork.gov.au/contact-us/call-us). They're pretty hopeless but the beautiful thing is you get a reference number and when you say you've contacted them it sounds intimidating. They actually request the ABN of the business for every complaint so they may eventually get investigated after multiple independent complaints when they get the chance (i.e. never).

    This has happened to me several times and I believe this is the secret to my success:
    (1) Don't get stressed out about it - it'll drive you crazy. And it may take time.
    (2) If you were paid with PAYG then SMS or e-mail that your "accountant" requested your payslips, or an "up to date" group certificate (if post-financial year).
    (3) Most companies that don't pay up won't pick up or return calls. But when they do, it's nice to have them on record saying you worked for them. There are many apps that record phone calls (you're allowed to record if your voice is one of the parties I believe). Never had to go through with blackmail though.
    (4) If you don't get a reply to your SMSs or e-mails that's when you bring in the keywords that strikes fear into businesses (ATO and Ombudsmen). You don't even have to really ring the government. Just send a message like "The {insert scary sounding agency} requested your {ABN | full name for point of contact | etc}". Or provide a case number (imaginary or real).
    (5) Now you rinse and repeat. You harass them via e-mail, phone and e-mail with time in between for you to relax. Try the fibonacci sequence to select the number of days between sending a reminder (1, 1, 2, 3, 5, 8, 13, 21, 34 etc). Once you reach a gap of 21 days or 34 days you send this message "Sorry I forgot to ring you earlier. I've been {"really busy" | "away on holidays"} but I'm baaaaack." The fact you remembered after a period of time makes them think you're never going to quit.

    • sparkles on 29/03/2016 - 20:09

      Yep, I helped a relative in a similar situation. Call Fair Work, they hear you out, and if they think you have a legitimate case they will give you a reference number. You need this number on the form to complete. You'll need as much employer details as possible. Not sure what happens after that, because the salary in question ended up paid, about 6 weeks late.

    • the-mal on 29/03/2016 - 20:45
      +1

      There are many apps that record phone calls (you're allowed to record if your voice is one of the parties I believe).

      In most states and in most circumstances it's illegal to record phonecalls without consent by all parties on the call prior to the recording starting. You won't go to jail for it or anything, but anything you do record won't be able to be used as any kind of legal proof.

      That's why it's better to do all of this via email.

      • peterpeterpumpkin on 29/03/2016 - 20:59
        +1

        Yeah I read that on lifehacker (http://www.lifehacker.com.au/2015/09/is-it-legal-to-record-p…). It was more to use for intimidation than evidence but it's better to play it safe I suppose.

        "Hey old boss. How's it goin'?! Oh, by the way, I'm recording this conversation for umm… training and uhh… q-uality purposes…".

      • [Deactivated] on 30/03/2016 - 08:23

        It depends which state you are in, whether you are actually present and whether you have a security licence as to whether covert phone recording is legal.

  • holdenmg on 29/03/2016 - 18:57

    Hi,

    Worth checking about any Employer Superannuation Contributions while you are at it…

  • StewBalls on 29/03/2016 - 20:01
    +1

    Don't worry about the lack of formal contracts, nothing supersedes your statutory rights as an employee.

    Contact the Fair Work Ombudsman, they will happily give you advice on how to proceed.

    You might even get the last laugh if they've underpaid any of your wages or other entitlements, which will all come to light once you flag the issue…if they haven't met all of their legal obligations under the appropriate award they could be in line for some fine-y goodness! ;)

    • sulmar on 30/03/2016 - 00:43

      I've looked at it and it looks complicated.

      I'll ring them tomorrow though.

      Thanks

      • Deridas on 30/03/2016 - 10:25
        +1

        Do let us know the outcome. I think the ozbargain community would be keen to know how it all turns out. A lot of us work similar no written contract/casual jobs. :).

        Good luck!!

      • chickentaste on 31/03/2016 - 00:11

        I've helped a lot of international students deal with grubby little f**ks like this. Gather any evidence you can (details of bank payments, emails, texts, etc.) and give Fairwork a call. Chances are it'll just take a phone call from them to your former employer and the money will magically appear in your account. And as someone else said, if they haven't been paying your tax, super etc. they might get put through the ringer.

  • Findmebargain on 07/04/2016 - 19:28

    Hi OP, interested to know If you have made any progress in your situation. Not sure which state you are in but if you are in Victoria, I recommend that you give Jobwatch a call. They can provide and explain to you all relevant options.

    http://www.jobwatch.org.au/

    And it has recently launched its WEDNESDAY NIGHT TELEPHONE SERVICE

    Quote

    JobWatch is pleased to announce its new Wednesday Night Telephone Information Service Pilot Program.

    Currently JobWatch provides a free and confidential Telephone Information Service for Victorian workers, Monday to Friday from 9:00 am until 5:00 pm. A new Pilot Program will extend this service.

    The Pilot Program will run from 6 April 2016 until 5 October 2016 during which time the JobWatch Telephone Information Service opening hours will be extended to 8:30 pm every Wednesday evening.

    JobWatch Telephone Information Service

    Melbourne residents: 9662 1933
    Country Victorian residents: 1800 331 617 (Free Call)

    Unquote

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