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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: What to do????
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Sat, 22 March 2003 10:58
 
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i got myself in a delima like this.. but alittle worse..
someone helped me with a demand letter like said above.
Sounds like your boss (ex) is a bit of a prick.
You are definitely going about things the right way. Take notes, put everything on paper and demand (in writing) that he pay all up within a set time ie 14 days. Put in the letter that you are experiencing financial difficulties due to his ****ed up methods of employee loyalty.
Most importantly, if he doesnt pay, every cent he owes you within the time period (dont even let him get awat with a day) file in the local court or in the industrial commission. In NSW the filiing fee is less than $100 and then arrange to get the sherriff to serve the statement of claim on him at work and during business hours. That might shame him into action.
Also, if he offers to settle up after you have filed the application remeber to add on interest at the Supreme Court rate (10%PA calculated daily) and the filing fees/service costs to what he owes you.
Good luck.
Re: legal stuff
Here you go...something like this...
Dear Mr [employer],
I refer to our converstation of [date] regarding my outstanding employee entitlements.
As you will recall it is now [weeks/months] since I left [business name] and I have yet to receive advice from you as to when the MONIES OWED BY YOU TO ME will be paid.
As a result of your failure to fulfill your duties to me under my contract of employment I have suffered a severe financial hardship and your continued disregard for this situation will no longer be tolerated.
Accordingly, I now DEMAND PAYMENT of all outstanding monies owed by you to me within fourteen (14) days of your receipt of this letter. I have attached a schedule with particulars of my claim. In summary, the current outstanding amount is $[???].
You should be aware that your failure to remit the outstanding monies to me by the due date will result in my filing an application under the Local Court's civil claims jurisdiction. If I am forced by you to undertake this course of action I further advise that you may be liable for additional costs including (but not limited to) interest under Section 94 of the Supreme Court Act (NSW) 1970, service, filing and professional fees.
If you do not understand the implication of this letter, I urge you to seek legal advice without delay as, I reiterate, your failure to remit all outstanding sums to me within fourteen (14) days will result in the commencement of legal action without further notice.
I look forward to you early advice with regards to this matter.
Yours faithfully,
[Your name]
There you go. 3 things:-
1. If you aren't in NSW delete the bits about statement of claim and supreme court act and section.
2. Dont forget to add the schedule outlinging what he owes you.
3. Spell check it, because I didnt.
Good luck.
That should give you an idea.. hope that helps
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