NSW Unpaid Wages by Company - What to Do?

[Mariateery]

Hi

I just started a new job last January 2017 and I made a request for them to give me contract before I started my new job, but they told me that they will ask me to do the paperwork and induction, including giving them my bank details, when I start work.

I believe this company will pay weekly, but they did not. 3 weeks since I started, I still hadn't gotten any payment. I asked my manager to fix it, and they told me my paperwork wasn't complete. So I completed them and then my manager told me again that they will pay me soon. I complained and waited for the payment, but I still wasn't given any until now 10/2/17. I still haven't gotten paid. And my manager looks like he didn't add me to the contract payearoll.

I lost my hope with this company because every time I ask, they always have a lot of excuses and are not very efficient in solving it. I plan to quit the job before the money they owe me gets bigger and causes further problems and this gets even more complex.

BTW I am a fulltime permanent.

So I plan claim this to report legally.

How I can report them to get my money back? Should I go to court, get a lawyer or go to Fair Work Australia, the Ombudsman for efficiency?

If I quit my job, am I still able to go to court to get my unpaid payment?

Please help me, I'm so hopeless. I feel this company is trying to mess around with me and I'm really wasting my time (as I quit my other job) because I joined this new company because I thought they were reliable and had good management.

I just want get my wages. Please.

 

[Rod]

Write down all the important events and when they happened.

1. Go to work as normal and on Monday say you need payment this week.
2. Get a commitment as to what day you will be paid.
3. Start looking for a new job anyway while still going to this work.
4. If not paid by date they give you, lodge a claim at the Fair Work Commission.

 

[Mariateery]

They have promised to pay me and convinced me the pay will be on Friday 8/2/17. Then when I ask again, no payment went through. So I will see check again next Monday on 13/2/17.

- If I quit the job because I found a new job, and the company still has not paid me, am I still able to request for my unpaid payment legally, even if I am not no longer working with them?

 

[Rod]

Yes. All hours worked need to be paid. Make sure though you have your days/hours documented.

 

[Mariateery]

Hi,

I'm just following up on what the current status is.

So until now they haven't paid me my money as they promised. I have given them a letter of demand.

My question is, if I find a new job now and start next week, can I give my notice today, as I'm not interested in coming to work next week? I do really feel they wasted my time and played around with me.

They don't understand my situation and I do really need the payment for my school fee. They keep promising me that payment will arrive soon. Now they are 3 weeks behind.

I've been with them almost a 1 month and I have yet to receive payment. Mentally and physically, I'm so exhausted from begging them, but they make me feel guilty for asking my payment.

So, can I give a short notice to quit and still be able give them a letter of demand and go to the Fair Work Ombudsman?

I do really need to move on from this bad experience and I need to find a proper job for money for my school fee ASAP.

 

[Mariateery]

Hi,

Please someone help me - what I should do? Can I give notice now to quit my job?

I do not feel like to working there next week as I got a new job? But am I allow still able to get my money back?

So I would appreciate it greatly if someone can give any help.

 

[Rod]

Starting a new job is not related to being paid for the work you have already done. After you leave the current work you can take legal action to recover wages that have not been paid.

 

[Mariateery]

Ok, I did put a resignation 1 week notice letter already and somehow the manager told me I don't need to come to work anymore for 2 days. The day my last day of work (as I mentioned on my notice letter). Am I getting paid in lieu of a notice (as the manager asks me for not coming for work before my last day finish)?

I am a full time permanent. What else do I need to get for my final payment? And how long will I receive all of my last payment?

I'm worried this company won't pay my last week of work (where the company ask me for not coming to work anymore, but I give notice one week , hopefully it makes sense).

Especially Rod, thank you so much for your help and your response for my questions.

 

[Rod]

Am I get payment lieu notice

Yes.