Refusal to Hand over Payslips

• 

  ode1online on 02/06/2015 - 23:28

  +1

  start here
  http://www.fairwork.gov.au/

  • 

    RevolverUpstairs on 02/06/2015 - 23:35

    +1

    Already been and dealt with it all, sent in a report with everything I had. The reply I got was essentially "deal with it yourself". They don't seem that interested in smaller cases

    • 

      scrimshaw on 02/06/2015 - 23:54

      The only other group that can help you in that case is a union. Join one and tell them what happened.

      Also if your boss is simply a manager and not the actual business owner, let the owner know. If you work in a franchise, then you should let the franchise head office know about it. They will audit the employer.

      However because you've already left his employment 2 months ago, the iron has cooled down by now and it's a bit late really, to report him now.

      • 

        RevolverUpstairs on 03/06/2015 - 00:39

        -1

        He was the sole business owner. Unfortunately no one to report to. He has a history of treating past employees very poorly too (saw by going over emails I had).
        No union to join as I was the head of marketing for this small business.
        Petty revenge idea I had was to go in and, infront of my replacement, demand my payslips and accuse him of mistreating me. This would make his new employee leave lel, but once again, that's just me being petty.

      • 

        RockyRaccoon on 03/06/2015 - 08:37

        @YeahNickk: "Head of Marketing" from that I might guess you were paid a little more. The problem you might face with Fairwork, is that they are legislated to deal with incomes under a certain amount, so if you earned above that, they cant help.

        Having previously been in a similar situation, it's really free market rules. You might have some redress with the ATO depending on whether or not they supply you with a group certificate and superannuation payments. Both of which should give you some idea of payments.

        And then what is your issue? Is it the severance pay? Surely your weekly/monthly bank statements should give you some idea if you were being paid according to your remuneration agreement, whereas a severance amount would be harder to estimate as it would have different tax treatment.

        Caveat this is based on NSW Fairwork - Vic may have different rules.

• 

  scrimshaw on 02/06/2015 - 23:32

  +1

  ^ try Fairwork first.

  You can also go to http://www.legalaid.nsw.gov.au/ for legal help.

  http://www.legalaid.nsw.gov.au/publications/factsheets-and-r…

• 

  what on 02/06/2015 - 23:33

  Definitely call the Fair Work Ombudsman as ode1 and scrimshaw have advised.

  … My mistake. Missed the part in your original post advising that you have already tried that avenue.

• 

  chillybags on 03/06/2015 - 00:11

  +2

  What uni are you at? I know UNSW/ARC offer free legal advise to students/members, perhaps your uni offers something similar?

  • 

    RevolverUpstairs on 03/06/2015 - 00:37

    I'm in Victoria but thanks for this I'll look at what my uni offers!

    • 

      Randxyz123 on 03/06/2015 - 11:05

      My Uni in Vic does. Talk to the Student Union or student rights. If your Uni doesn't have the service it self they will point you in the right direction to free services.

      You could also send your employer one last email requesting them for tax purposes.

• 

  YTW on 03/06/2015 - 09:44

  +4

  If you worked for them for 2 months - just how much do you think they may have underpaid you in total? Is is worth your time and effort to pursue the payslips? What will be your next step after that?

  Remember that they are required to send you a PAYG summary for tax purposes soon - so maybe you are better just waiting for that to come through (if it ever does) by mid-July. If they don't send you one then lodge a complaint with the ATO.

  Have they paid your superannuation entitlements? If not, report them to the ATO.

  • 

    RevolverUpstairs on 03/06/2015 - 15:49

    I'm not sure about how much tax would have been deducted as it was my third job at the time. I believe I would have been underpaid ~$75 a paycheck (after tax). But I can't confirm this until I get my payslips -.-

    If the payslips indeed showed that I was being underpaid then I would pursue it through the court system and fair work.
    He pulled a dodgy and made me a casual with full time hours so I'm not sure if I was entitled to superannuation, would I be?

    The chances of him giving me a PAYG summary are slim to none, looks like I'll be contacting the ATO

    • 

      chillybags on 03/06/2015 - 22:22

      +1

      Even casual employees get super. If it was only $75 in total i probably wouldn't bother pursuing.

• 

  [Deactivated] on 03/06/2015 - 16:33

  Call Fair Work AGAIN and speak to someone else, include the details of the sexual harassment and the fact they are refusing to give you pay slips (this is illegal). Contact your employer via EMAIL to request the payslips (record of your request and their refusal). Report the details of the sexual harassment to the police, nothing may come of this but the record could help the next person your boss harasses. The Fair Work Ombudsman can help you recover un/derpaid wages up to 4 years (maybe more now) afterward. For free.

  • 

    RevolverUpstairs on 03/06/2015 - 17:41

    Would the sexual harrassment stand up at all though? Doubtful that I'll pursue that avenue but since it was a while ago doesn't a complaint of that nature have to be in due time?

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  roguescholar on 06/06/2015 - 22:00

  Your university may provide some free legal services.
  Similar to this. UWS - Student Legal Services