A member asked almost 9 years ago

Employee Liability

I left a full time position with my employer in December.

During a tough period for the organisation i had stupidly agreed to not take my wages out and have a liability to me accrue to have them paid.

Prior to leaving the business it was indicated to me that to repay the wages they would continue to pay me until i was up to date.

The business has made no such payment and are claiming that a fine that was imposed on them by the government was due to my actions, it wasn't, and they expect to recover the fine from the unpaid wages. 

What test would need to be satisfied for an employer company to hold an employee directly liable for a financial loss?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are having a difficult time. Your former employer is obliged to pay you wages for the period of time that you worked for them, and you have a right to claim these wages. This right stems from your employment contract which sets out the terms of your remuneration, among other things. Even if you agreed to suspend payment of your wages for a period of time while the business went through a difficult period, you are still entitled to recover your full salary for this period.


You said that your former employer intends to pay a government-issued fine from your unpaid wages because the fine was incurred as a result of your actions. Generally speaking, the law says that an employer must accept responsibility for an employee’s actions (and consequences) to the extent that the employee was acting within the scope of their employment. This means that, even if the fine was incurred as a result of your conduct, if your conduct was part of your job, then your employer is responsible for paying the fine. Any attempt by your employer to withhold payment of your wages is a breach of your employment contract and you would be entitled to make a legal claim against them to recover this money.


Suggested way forward

Employment law can be complicated, especially when dealing with a difficult former employer. Your situation sounds like it may involve a legal claim against your former employer for unpaid wages. You should consider speaking to a lawyer who can help you understand your legal rights and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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