Refusing To Pay As Notice Wasn't Given

[MerveYonuk]

Hi There,

I would like to ask you guys a questions regarding to a payment issue with Childcare that I have worked for.

I have started to work in one of the Childcare Center in Sydney on 11-Aug-2015 for the Certificate 3 Trainee-ship program. First of all, I went for an interview and I have told the owner that I have overseas experience in childcare and willing to start Certificate III program in Australia as a trainee. I told her that I am a Permanent Resident of Australia. Then, I have been accepted and I have got the job.
The owner of the childcare center told me that before they start the Certificate III Trainee-ship, She asked me to try the job for 1 month as a trial. If I like the job and if they like me, they will start the Certificate Program. Hence, I have worked there for 3 weeks and I have been told by the owner that other employees are not willing to work with me even though I am a very hard worker and she wants me to keep working with them. After that conversation I told the manager that I am not going to work with them any more. I told them that I couldn't work in the workplace where other employees are not very friendly. In addition to that, I was very sick and I didn't go there again. Hence, the owner didn't pay my last week's wages. Her excuse that I haven't given any notice for 4 weeks before I left the job even though I am on a 1 month trial. I believe that I should be get paid, I didn't have any contract with them. I just wanted to make sure that is it illegal or not, before I lodged a complaint with Fair Work Ombudsman Australia.

Thanks
Kind regards,
Merve

[Lorina]

I just went to Fairwork Australia and according to he Children's Services Award, if you have been working for less than a year at the centre your minimum notice period is 1 week.

An employer can withhold pay when the minimum notice period - if you don't give a notice period and if you only give part of the minimum notice period.

Since you gave your notice and you didn't go to work since then, your employer is able to withhold the last week of pay from you.

I know it's probably something that you don't want to hear and I wasn't aware of this myself...

,
Lorina

[Lorina]

For your reference:

Resignation - How Much Notice

,
Lorina

[MerveYonuk]

Hi Lorina,

Thanks for your E-mail.I understand what you mean, but I was on a probation period for 1 month anyway.
I ll seek my right with Fairwork Australia.

Kind regards,
Merve

[Lorina]

Hi Merve,

I agree its best to get this sorted through Fairwork Australia.

All the best,

,
Lorina