Scooby Roo

Ok my missus has been at work for 5 months, 4 days a week. When she got paid they didn't seem to pro rata her pay [her t+c's stated $xxxxxx pro rata, we live in Aus] to the 4 days. She questioned HR over this and a tax issue and was told that her salary was correct but she was overpaying tax.

They have now come back and said that she was being paid for 5 days a week and they hadn't pro rata'd her salary. The next statement was "and we'd like you to pay it all back".

Whilst in normal circumstances I wouldn't have a problem with this the fact remains that she questioned it and was given wrong information. Subsequently we've spent it.

Can they legally get the money back or is a moral obligation

Legal beagles....

The fact that we live in Aus at the shouldn't have too much effect as I think most law is based on British Law.

Cheers

Roo

billythekid

Did they put it in writting that the pay was correct when questioned?

Although they might legally be entitled to their money back you could use this as reason why the money was spent and maybe ask for a goodwill offer, say 50% or something.

David Lock

By all means ask for a goodwill gesture but I would think you are p1ssing in the wind.

The sensible thing would be for the company to deduct the overpayment from her wages over the next, say 3 months.

Or would it suit you if she asked if she could work a 5 day week for a while to "repay" the overpayment?

Or emigrate