A member asked almost 9 years ago

Non payment of salary

I am 63 years old. I have been working for the same company coming to 25 years.The last eight years was in Australia and previously in SE Asia.I am a Supervisor/Foreman in construction.I have been transferred to other countries under secondment if we don't have projects here. My contract is under s.333 Fair Works Act.

I requested for No Pay Leave from mid June to End July because i bought a new house. I was supposed to leave for an overseas country at the end of July for a project. I was informed by e-mail yesterdat that this project will be postponed to September. But the instruction from the boss to my HR manager was for me to carry on with No Pay Leave. I dont agree with this as it is not my problem.

Kylie Maxwell
Principal Solicitor at Kylie Maxwell Solicitors

Hello I am going to help you with your inquiry.


You seem to be in a position of either having to decide whether you wish to resign due to this action by your employer and seek an unfair dismissal remedy or whether you wish to terminate your contract and seek a contractual remedy. Your employer has done something that may be in breach of your contract of employment with them. If you just let it happen, it could amount to a waiver of your rights to sue for the breach of contract. If you don't let it happen you may be able to seek damages in Court. Whether you should, alternatively, seek an unfair dismissal remedy will largely depend upon your salary level. There is a threshold above which you cannot access this remedy. The threshold is $136,700 not including superannuation.


There may also be terms in the employer's unpaid leave policy or the contract dealing with yours and the employer's rights in this situation.




Suggested way forward

You should speak to a lawyer to whom you take your contract of employment and also bring any copies of the unpaid leave policy so that its terms can be reviewed and you can be advised on the best course of action.

Answered over 8 years ago   Legal disclaimer

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