# Changing jobs and end of service benefits



## ian731 (Dec 17, 2008)

I left my last employer - a public sector entitry - on good terms at the end of August after more than 2 years service. All has gone well with visa transfers etc to my new private sector employer but my previous employer is still due me more than 3 months salary (including end of service benefits). There is no sign of that being paid despite continuous discussions/requests  

Any advice on how to press for payment would be much appreciated.

Ian


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## Elphaba (Jan 24, 2008)

Have you put your request/complaint in writing? I would suggest that you write to them pointing out what you are owed and advising that unless you receive settlement in full within 7 days you will be contacting the Ministry of Labour and taking legal action.

Your ex-employer is acting illegally and the MoL take a dim view of this. If you get no response from the company, speak to the MoL and take their advice. You may need to take legal action, but let's hope that is a last resort

Link to MoL here: Ministry Of Labour

Good luck and please let us know how you get on. 


(The National's On Your Side column would love to deal with an issue like this and you can email your problem to [email protected] . The column gets results too. )


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## ian731 (Dec 17, 2008)

Thanks for the quick response. 
My exchanges are all in writing (e-mail). Its not that they are refusing to pay, it just never seems to get processed. I provided all the information they needed when I left (clearance certifcates etc), although it took a few weeks after that to deal with the visa. Things do move slowly here, but after 3 months its getting to the point where I need to push harder. Going to the MoL is an option but I guess a last resort as it would sour the good relationship I have with them and be embarrassing for them as it is a Government body (with influence behind the scenes).


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## Elphaba (Jan 24, 2008)

Good relationship? That sounds very one-sided as they certainly aren't treating you well. The fact is they are acting illegally in not paying you in reasonable time. 

Seems to me you have a simple choice: either do nothing and _hope_ they pay you eventually, or take action to ensure you are paid _your_ money.


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## Elphaba (Jan 24, 2008)

I'd be interested to know if the original poster has made any progress.

PM me if you prefer.

thanks

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## Nickel (Dec 7, 2008)

Elphaba, quick question (you seem to understand the Labour laws very well):

Redundancy: Labour law states 3 months salary to be paid if you are made redundant, correct? What if your limited contract states only one month? Which "trumps" which? (gawd, that is an awful statement!!) In other words, since the limited contract states one month salary to be paid, is that what is legal? 

Also, is it basic salary OR salary plus the value of the housing and car?

Thanks

Edited to add: Hopefully, I am not in the position of being redundant, but this type of information is great to be stored away ........ "just in case".


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## qwert97 (Jun 2, 2008)

Nickel said:


> Elphaba, quick question (you seem to understand the Labour laws very well):
> 
> Redundancy: Labour law states 3 months salary to be paid if you are made redundant, correct? What if your limited contract states only one month? Which "trumps" which? (gawd, that is an awful statement!!) In other words, since the limited contract states one month salary to be paid, is that what is legal?
> 
> ...


I don't think it states anywhere in the labor law that 3 months salary has to be paid in case of redundancy. All it states that if the company breaks a limited term contract they need to pay a salary to the maximum of 3 months. If however your contract says one month, you get paid one month.


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## Nickel (Dec 7, 2008)

Thanks, I must have mis-read the other posts.


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## ian731 (Dec 17, 2008)

Elphaba,

Nice of you to keep track of these posts.

I am making progress. A further meeting since I first posted gave some hope!! Before Xmas I had a promise that the "calculation" was being checked by Finance and payment should be within a few days. Needless to say nothing appeared in my account. Apparently this was due to the key Managers who authorise the payments being on holiday until the New Year. Yesterday was the first working day for them, so I am hopefully that "an amount" will appear in my account this week. They will not confirm the amount but I am hoping my calcs and theirs are in the same ballpark. Other posts here have been useful regarding the basis of the calculation.

Elapsed time since I left that organisation = 4 months!!


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