My employer is refusing to provide my final pay upon leaving my job – what are my options?
Upon finalisation of any employment and employer must pay the employee all their entitlements including wages and minimum superannuation contributions. If your employer is refusing to provide you with your final pay upon leaving your job, your options are as follows:
Fair Work Ombudsman
The most cost-effective solution and starting point is to make a complaint to the Fair Work Ombudsman. You may commence a complaint by filling out the “Request for Assistance – Workplace Dispute” form and filing it with the Fair Work Ombudsman. The Ombudsman will then try to assist in resolving the matter.
If the Ombudsman is not able to resolve the matter, you may have to consider making an application in court.
Court
If the matter is not resolved by the Fair Work Ombudsman court proceedings can be commenced as follows:
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In the Federal Circuit Court or Federal Court for workers covered under the Fair Work Act 2009 (CTH);
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Local Court of New South Wales (Small Claims Division) – for claims of unpaid wages or entitlements up to $20,000.
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Local Court of New South Wales (General Division) – claims for unpaid wages or entitlements from $20,001 until $100,000.
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District Court of New South Wales claims for unpaid wages or entitlements between $100,001 and $750,000.
For any employment dispute contact Brydens Lawyers without delay for expert legal advice and representation as strict time limits may apply. Contact Brydens Lawyers on 1800 848 848 or at www.brydens.com.au. At Brydens Lawyers – #WEDO employment matters.