WA Company Property Inspection - Pay Witheld?

[Dylan]

I am leaving the company I work for which is a shipping agency in the Pilbara. I had given them 4 weeks notice as required, my last day will be Friday 11th July.

I am based in WA, our payearoll / HR office is in NSW.

We are paid in advance. Our normal paydays are 2nd and 15th of each month. On 2nd July I was not paid. I queried why and was advised that my pay was withheld in case there is any damage to the property that the company leases for me at final inspection.

There is nothing in my employment contract to this effect and also nobody informed me verbally or in writing beforehand. My final pay will be my annual leave payout on my final day.

Does the company have any legal right at all under employment law to without pay in this circumstance?

 

[Owens Lawyers]

Hi Dylan,

See this page of the Fair work Ombudsman's website for information about final pay: http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay

Also, in terms of what an employer can deduct, see the following FWO page: http://www.fairwork.gov.au/pay/deducting-pay-and-overpayments

 

[Rod]

They do not have that right unless you signed something or it's in an enterprise agreement.

Check what your employment contract says. Generally it is not part of a Modern Award.