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Is my employer allowed to do this??

Is my employer allowed to do this??

Old Feb 15th 2007, 7:15 am
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Default Is my employer allowed to do this??

My company closes down for 3 weeks over the Xmas/New Year period and because I had only just signed a contract I asked if I would be paid for the Xmas period so that I could budget accordingly. I was told that it wouldn't be a problem and that I would get paid. I had already worked there for a full year (employed by an Agency) waiting on them sorting out my permanent contract. Anyway my December wage included payment for the days which were holidays, as did the January wage. However I got paid today and when I checked my bank account my wage was short paid. When I queried it with my manager I was told that head office had decided I wasn't entitled to holiday pay and they had therefore deducted the amount overpaid. So basically I have lost a third of my wages this month. No-one told me this was going to happen and my wage slip doesn't mention any deductions - it just shows a lower base monthly salary figure.

Are they allowed to deduct a large amount of money without my consent or knowledge? I would have thought that they should at least have given me some notice and also allowed me to pay the amount back over a couple of months. Other people have said they think that an employer must have your written consent before making a deduction like this. Does anyone know for sure? I intend writing a letter to head office complaining about the way this has been handled but I was trying to find out if there is actually a legal responsiblity on the employer to get my consent.

Cheers

Wendy

(ps I just realised I am logged in under my OH username and I can't be arsed logging out and typing this again...lol)
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Old Feb 15th 2007, 7:49 am
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Default Re: Is my employer allowed to do this??

Originally Posted by zx10r_aus View Post
My company closes down for 3 weeks over the Xmas/New Year period and because I had only just signed a contract I asked if I would be paid for the Xmas period so that I could budget accordingly. I was told that it wouldn't be a problem and that I would get paid. I had already worked there for a full year (employed by an Agency) waiting on them sorting out my permanent contract. Anyway my December wage included payment for the days which were holidays, as did the January wage. However I got paid today and when I checked my bank account my wage was short paid. When I queried it with my manager I was told that head office had decided I wasn't entitled to holiday pay and they had therefore deducted the amount overpaid. So basically I have lost a third of my wages this month. No-one told me this was going to happen and my wage slip doesn't mention any deductions - it just shows a lower base monthly salary figure.

Are they allowed to deduct a large amount of money without my consent or knowledge? I would have thought that they should at least have given me some notice and also allowed me to pay the amount back over a couple of months. Other people have said they think that an employer must have your written consent before making a deduction like this. Does anyone know for sure? I intend writing a letter to head office complaining about the way this has been handled but I was trying to find out if there is actually a legal responsiblity on the employer to get my consent.

Cheers

Wendy

(ps I just realised I am logged in under my OH username and I can't be arsed logging out and typing this again...lol)

As you have no employment contract, I'm afraid you don't have a leg to stand on. Even if you were permanent, you would only be paid for holidays accrued.

Best to get everything in writing.
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Old Feb 15th 2007, 7:56 am
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Default Re: Is my employer allowed to do this??

Hi

As chance would have it I was just on various gov. websites looking up this (husband was stopped a days pay, having been told he would get paid). First we knew was when the money in the account was down!!!

Anyway, the info I found said no deductions can be taken unless the employer has written authorization from the employee. I telephone the Industrial Relations who confirmed this for me. O/H spoke to his boss, he said he would look into it, and was paid the next day.

Incidently, my O/H has never received a pay slip since starting, we don't think super is being paid, I have checked and apparently it is against the law to not give a payslip, another employee told my O/H because he is paid direct into the bank he doesn't have to get a payslip.....I disagree......is it law to provide a payslip or am I wrong?

So I would say you have a case, but make some calls just to have solid advice.

Good luck.

Nikki
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Old Feb 15th 2007, 7:59 am
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Default Re: Is my employer allowed to do this??

So even if you are not employed on a contract basis, they can still hold money back without consent?
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Old Feb 15th 2007, 8:08 am
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Default Re: Is my employer allowed to do this??

Originally Posted by Nikki View Post
......is it law to provide a payslip or am I wrong?
Not 100% sure but I believe that the law is that your employer must provide a payment summary (issued at the end of a tax year or when leaving) and not a payslip.
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Old Feb 15th 2007, 10:14 am
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Default Re: Is my employer allowed to do this??

Wendy,

the people who will definitely know whether this is legal are the people in your local Citizens Advice Bureau. Have a look in the phonebook and then get yourself down there. If it turn out that the employer acted illegally, the CAB will also be able to help with what to do to get the money back.

Gina

P.S. Just did a quick google search for "employment rights" and it came up with this web site: http://www.job-watch.org.au/
This is for Victoria. But if you scroll down on the home page, on the bottom there is a clickable link for "employment law advice in other states". When you click on it, it gives you a list of centres and phone numbers for other states.

Last edited by GinaUK; Feb 15th 2007 at 10:23 am.
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Old Feb 15th 2007, 10:22 am
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Default Re: Is my employer allowed to do this??

CAB Canberra http://www.citizensadvice.org.au/
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Old Feb 15th 2007, 10:24 am
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Default Re: Is my employer allowed to do this??

Originally Posted by Melchels View Post
Not 100% sure but I believe that the law is that your employer must provide a payment summary (issued at the end of a tax year or when leaving) and not a payslip.
Wrong. Employer must provide a payslip.

Gina
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Old Feb 15th 2007, 10:37 am
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Default Re: Is my employer allowed to do this??

Originally Posted by Wendy View Post
Pommie Granite - I am on a contract - I signed a full time pemament contract at the start of December and that was why I had asked my employer about getting paid for the holidays. If they had told me that I wouldn't get paid then that would have been fine but they told me I would get paid, they paid me, and then decided to take it back with notice or warning.

Thanks for your replies guys...as always very helpful. We will phone the citizens advice and the job watch people tomorrow (thanks for the links Nikki, Gina and Wendy).

I will let you know what advice I am given and hopefully I will get a decent response from my employer. I am not objecting to them taking the money back, it is the way they have done it that pisses me off. Anyway they have picked on the wrong person - I can always give them a Glesga kiss...lol.

Cheers again guys. Karma on its way to those who gave helpful advice (except for Wendy cos I have to spread it around before giving it to you again - consider this a Karma I.O.U!!)

Wendy

Last edited by zx10r_aus; Feb 15th 2007 at 10:40 am.
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Old Feb 15th 2007, 10:42 am
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Default Re: Is my employer allowed to do this??

Originally Posted by zx10r_aus View Post
Pommie Granite - I am on a contract - I signed a full time pemament contract at the start of December and that was why I had asked my employer about getting paid for the holidays. If they had told me that I wouldn't get paid then that would have been fine but they told me I would get paid, they paid me, and then decided to take it back with notice or warning.

Thanks for your replies guys...as always very helpful. We will phone the citizens advice and the job watch people tomorrow (thanks for the links Nikki, Gina and Wendy).

I will let you know what advice I am given and hopefully I will get a decent response from my employer. I am not objecting to them taking the money back, it is the way they have done it that pisses me off. Anyway they have picked on the wrong person - I can always give them a Glesga kiss...lol.

Cheers again guys. Karma on its way to those who gave helpful advice (except for Wendy cos I have to spread it around before giving it to you again - consider this a Karma I.O.U!!)

Wendy

It sounds wrong to me, but then I'm not all that familiar with the Australian employment laws. Don't give in though
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Old Feb 15th 2007, 10:43 am
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Default Re: Is my employer allowed to do this??

Originally Posted by GinaUK View Post
Wrong. Employer must provide a payslip.

Gina

While trying to search online for answers to my problem I am sure I read that an employer must provide a payslip within ONE day of the wage being paid.

Wendy
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Old Feb 15th 2007, 10:49 am
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Default Re: Is my employer allowed to do this??

Originally Posted by Wendy View Post
It sounds wrong to me, but then I'm not all that familiar with the Australian employment laws. Don't give in though
Thanks Wendy......I don't intend to give up on this one ....... they have messed me about once to often and this has really pissed me off......us Wendys can be scary when we are angry !!!!
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Old Feb 15th 2007, 10:56 am
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Default Re: Is my employer allowed to do this??

Originally Posted by zx10r_aus View Post
Thanks Wendy......I don't intend to give up on this one ....... they have messed me about once to often and this has really pissed me off......us Wendys can be scary when we are angry !!!!

My hubby would probably agree
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Old Feb 15th 2007, 11:03 am
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Default Re: Is my employer allowed to do this??

Originally Posted by Wendy View Post
My hubby would probably agree
Can I just make it clear that my Wendy is not the sex instructor.... It's me......


ZX.....
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Old Feb 15th 2007, 11:05 am
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Default Re: Is my employer allowed to do this??

Originally Posted by zx10r_aus View Post
Can I just make it clear that my Wendy is not the sex instructor.... It's me......


ZX.....

Ah, but I bet that's only because she wants you to think that
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