A member asked almost 8 years ago

Not paid for a week of work

Recently i was sent to a mine site for a thee week shut down with a company and wasn't asked to fill out a tax dec nor give them my super details. i have been payed for the first two week but not the third and was told after the work was done that i caused trouble on site and will not be payed  i had to get my own way back to my point of hire i worked the entire shut down.  please advise.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are in a difficult position. It is not clear whether you signed an employment contract and/or whether you were an employee under Australia’s national workplace relations system. For this reason, the following information is of a general nature only.

A person is generally entitled to be paid for all the hours they have worked in a job. This is true, even if the employee has been dismissed for serious misconduct or is still on ‘probation’. If your employer has failed to pay you for a period that you worked, you most likely have a legal claim against them for this money.

If you believe you were unfairly or unreasonably dismissed from your job, you may also have a claim against your employer for ‘unfair dismissal’. Unfair dismissal claims must be lodged with the Fair Work Commission (www.fwc.gov.au) within 21 days of your employment ending. You can find more information about unfair dismissal and other workplace rights on the Fair Work Ombudsman website atwww.fairwork.gov.au.


Suggested way forward

It sounds like you may have a legal claim against your former employer for unpaid wages. You would benefit from speaking to an employment lawyer who can review your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.