Employer withholding wages and delaying final pay – what are my options?
Hi everyone,
I’m dealing with an issue with a former employer and I’m not sure what my options are.
My employer has been withholding my final wages and delaying payment for around 3 weeks, saying they are “reviewing” the situation before processing anything. There has been no clear or consistent reason given for the delay.
He has also been withholding payment until I returned my uniform, which I did promptly after finishing my shifts. Despite returning it, I still have not received any payment.
On top of that, I have not been paid for my last week of work, and I understand I may also be entitled to payment in lieu of notice, as no notice was provided when my employment ended (one weeks notice, as I've worked there for less than a year). Fair Work has also indicated I may be entitled to this.
My employment was effectively ended when I was switched from part-time to casual and told I would not be given any more shifts anytime soon, with no notice and no clear written agreement or contract explaining the change.
Any attempts I’ve made to contact my employer have either resulted in no response or further delays.
I’ve already raised the issue with Fair Work, but I’m still waiting to hear back from their FWO. I’m unsure whether an employer is allowed to withhold wages like this or end employment in this way, or if they are required to finalise all outstanding payments separately while any dispute is resolved.
Has anyone dealt with something similar or know how Fair Work usually handles situations like this?
Thanks in advance.