Ex-employer will not pay me!

SarEl

stanleymog wrote: »

Hi,
I only found out after I took the job, this was in an open meeting that was around 5 days before I handed my notice in (It may have been a couple more or less days). A lot of the staff raised the questions as a lot of us were 'mis-led' and wanted to find out the truth, we were all under the impression that it was a basic 40 hours per week.

I am going to come back to the point that this may all be moot, since as far as I can see, the employer has not yet refused to pay you - they have not yet paid you - and there may be no need to get into the legal argument. But the law is clear. In order to claim the right to repudiate a contract on the basis of a breach of contract by the other party, you have to do this immediately and in response to the alleged breach of contract. This is an argument that might well fly, if the employer cannot demonstarte that you knew the terms of the contract (which I doubt they can) and if you had resigned immediately upon finding out what they were. It is slightly harder to argue the reason why you firstly worked under these conditions for some four weeks, but lets assume (and it is an assumption) that you protested the conditions were not what you agreed and you were trying to resolve the discrepancy amicably, which led to the meeting with the general manager. At that meeting the conditions were clarified - and had you immediately resigned you could have claimed this as a repdiatory breach. But you didn't resign immediately, you then waited until you had been given your written statement some five days later. And even then, you didn't immediately resign - you waited a few days more and only then resigned. This would undermine any claim that the alleged breach of contract was such that you had the right to resign with immediate effect - because you didn't.

If this went to law, then the employer may counter-sue and their argument, presuming it followed these lines, and presuming that they can counter sue (by demonstrating that your failure to give notice produced a quantifiable loss to them). For this reason it would be best to try to resolve this without going to law, but if it did, and if they counter-sued, this may be the outcome, becasue in not giving and serving your notice, you have significantly weakened your own position. Which is what I have been saying all along.

stanleymog

Sorry to bring this back up but I would just like to say that yesterday I finally received a cheque for my wages (I just hope its not made of rubber!)

Uncertain

stanleymog wrote: »

Sorry to bring this back up but I would just like to say that yesterday I finally received a cheque for my wages (I just hope its not made of rubber!)

Excellent.

In the unlikely event it bounces, it is worth knowing (and reminding them) that to write a cheque with the INTENTION of dishonouring it is a criminal offence so you could involve the police!

stanleymog

Uncertain wrote: »

Excellent.

In the unlikely event it bounces, it is worth knowing (and reminding them) that to write a cheque with the INTENTION of dishonouring it is a criminal offence so you could involve the police!

Thanks, I didn't know that.

And thank you to everyone for the advice given.