Western Australian Industrial Relations Commission

Commission orders payment of unpaid salary

The Commission has upheld a claim for denied contractual benefits made by a Senior Accountant who alleged that she had not been paid her full salary. The Commission heard and determined the matter in the absence of the respondent, who is the applicant's former employer.

Commissioner Emmanuel was satisfied that the respondent had been properly served with the details of the proceedings and that the Commission was able to proceed to hear the matter in his absence.

Emmanuel C considered the applicant's oral evidence, that was supported by documentary evidence, that she was employed under a written contract of employment with the respondent in 1999 as a permanent full-time receptionist and had worked in several roles until eventually becoming a Senior Accountant in 2010. In finding that the applicant was employed by the respondent, the Commissioner accepted the applicant's evidence, that she had continued in her service without a break since it commenced in 1999, that she was entitled to take sick leave and annual leave, that she was entitled to be paid a salary and that a spreadsheet she had prepared recorded her irregular salary payments up until the date that she resigned.

The Commission concluded that the respondent had denied the applicant her contractual benefit and not paid her in full for work done between January and March 2019.

Emmanuel C ordered that the respondent pay the applicant the outstanding sum within 14 days.

The decision can be read here.

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