Legallink | Find the Right Law Firm for You | I’ve taken a temporary job in Sydney where I’m supposed to be paid weekly, but my employer has not been paying on time. We only made a verbal agreement and did not sign a contract. Under these circumstances, how can I assert my rights?

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I’ve taken a temporary job in Sydney where I’m supposed to be paid weekly, but my employer has not been paying on time. We only made a verbal agreement and did not sign a contract. Under these circumstances, how can I assert my rights?

I'm sorry to hear about your situation. In Australia, even if you don’t have a written contract, you still have legal rights as an employee. Here are some steps and important legal concepts that might help you assert your rights:

Understanding Verbal Agreements

1. Verbal Contracts: In Australia, verbal agreements can be legally binding if there is an offer, acceptance, consideration (something of value exchanged), and the intention to create legal relations. Your verbal agreement with your employer to work for weekly pay likely constitutes a verbal contract.

Steps to Take

1. Document Everything: Start keeping detailed records of your work hours, the dates you were supposed to be paid, and any communications with your employer regarding your pay.

2. Communicate: Politely remind your employer of the verbal agreement and the missed payments. This can be done through email or written communication, so there is a record of your attempts to resolve the issue.

3. Seek Advice: Contact Fair Work Ombudsman (FWO), an independent statutory agency that provides information and advice about workplace rights and responsibilities. They can offer guidance and, if necessary, investigate your complaint.

4. Formal Complaint: If your employer continues to ignore your requests for payment, you can lodge a formal complaint with the Fair Work Ombudsman. They can assist in resolving disputes through mediation or take enforcement action if necessary.

5. Small Claims Court: If the amount owed is relatively small (generally up to $20,000, but it varies by state), you might consider taking your case to the Small Claims Division of the Local Court. This process is less formal and can be faster than going through higher courts.

Legal Concepts Explained

1. Fair Work Act 2009: This act governs most employment relationships in Australia and outlines the minimum standards for payment, among other things. Under this act, employees are entitled to be paid for the work they have done.

2. National Employment Standards (NES): These are minimum standards that apply to all employees in the national workplace relations system. They include rights related to pay, leave, and work hours.

3. Unfair Dismissal Protections: If your employer retaliates against you for asserting your rights (e.g., by firing you), you may be able to claim unfair dismissal if you meet certain criteria.

Practical Tips

- Maintain Professionalism: Always approach the situation professionally. Avoid accusations or confrontational language in your communications.

- Seek Support: If you are a member of a union, they can provide additional support and advocacy.

- Know Your Rights: Familiarize yourself with your rights under the Fair Work Act and NES. The Fair Work Ombudsman’s website is a great resource for this.

By following these steps, you can better assert your rights and seek the compensation you are owed. If you need more personalized legal advice, consider consulting an employment lawyer.

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

28 September 2020

Place

Queensland

Respondent

Thomson Geer

Judge

WILLIAMS

Highlights

Defective Work [20] The contract provides that any “defective work” will be corrected by the party incurring the cost and without any deduction from the amount payable to the other party. [21] The relevant provisions are as follows:“1. If either party incurs costs in connexion with, or in an attempt to remedy, any defect in the work performed by the other party, then without prejudice to any other rights it may have, that party shall be entitled to recover those costs from the other party without any deduction therefrom. 2. If any defect in the work is not remedied within a reasonable time after notification by either party of its intention to do so, then that party shall be entitled, where such delay has caused loss or damage, to have that loss or damage fully compensated by the other party.” Defective Work [22] The contract also provides that where “defective work” is carried out by either party then that party is not entitled to recover for such defective work any costs whatsoever including but not limited to wages, materials or damages whatsoever. [24] The issue in dispute is whether the installation of an air conditioning system constituted defective work within the meaning of clause 1 of the General Conditions of the Contract.Mechanical Services Specification and Mechanical Services Preliminary Design Drawings [25] The Mechanical Services Specification and Mechanical Services Preliminary Design Drawings were prepared by Pro-Invest and provide specific requirements for an air conditioning system to be installed at the Spring Hill Hotel. [26] It is clear from these documents that an air conditioning system was required and that failure to install such a system would result in a breach of contract. [27] Pro-Invest contends that because the air conditioning system was not installed according to specifications provided in the Mechanical Services Specification and Mechanical Services Preliminary Design Drawings, this constituted defective work within the meaning of clause 1 of the General Conditions of the Contract. Defective Work [28] Pro-Invest argues that because there was a failure to install an air conditioning system according to specifications provided in the Mechanical Services Specification and Mechanical Services Preliminary Design Drawings, this constituted defective work within the meaning of clause 1 of the General Conditions of the Contract. Air Conditioning System [29] It is also arguable that because there was a failure to install an air conditioning system according to specifications provided inthe Mechanical Services Specification and Mechanical Services Preliminary

Judgment

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