Overpayment | Rights Watch Blog


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Overpayment Posted by Em - 02:28 PM 29.07.10
I received a letter from the Education Department, stating that I had been over paid, over a 4 year period of separate employment contracts. During this time I have been in fixed-term 1 year contracts and have had to re-apply and compete for the same position each year. The over payment has by no way been contributed by myself, and they have not explained exactly how it happened. I did some research and found a similar but not identical case “Civil Service Association of WA Incorporated v Director General, Department of Justice”. Where it demonstrates that employers will not always be able to recover overpayments mistakenly made to employees. Do I have to pay back the lump sum amount, even though the over payments are as a result of the department not complying with the record keeping laws, and the overpayment occurred under previous contracts. Regards
Unions Australia answered on: 30.07.2010

Posted by Helpline 1300 486 466 - 01:36 PM 30.07.10

Generally, where an overpayment has occurred an employee is required to pay back the amount owing. The repayment arrangements though should be arranged so as to not cause you undue hardship. We’d really like to talk to you in order to get a bit more information – that way we can give you advice about your rights and how best to proceed. Could you give us a call? Our toll free number is 1300 486 466 (1300 4 UNION). We’re open Monday to Thursday 9am (EST) to 6.30pm and Friday from 9am to 4.30pm.

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