Case Win: Union Representative Helps Nurse Get Paid

Your Shield in Wage Recovery

All employees have one time or another faced unexpected challenges at work, such as not getting paid correctly. It’s stressful, confusing and often downright annoying. For some reason, it happens to Nurses more often than anyone else.

In the worst case scenarios, bad communication and the employer dragging their feet can result in lost trust.  This was the case with one NPAV member who was owed $1000 by their employer.

Shockingly, our member tried themselves to get their money for nearly 11 months, but their requests were ignored. Then they contacted the Victorian branch, the NPAV. Tatum, a talented Case Manager, was assigned to assist. She very quickly realised, through her own frustrated efforts, that the employer was not interested in resolving things informally. 

In light of this and given the egregious tardiness already endured by the NPAV member a very direct approach was agreed upon - a Letter of Demand (a document, often as the last internal remedy, where one party tells another that they are owed money and want it back).

Within around 24hrs, the employer responded to the Letter of Demand and paid the employee the money they were owed!

Tatum played a pivotal role in helping the employee get paid by applying the underpayment issue to a common internal remedy when all other approaches have failed. Also, the representative's knowledge of the relevant industrial principles, coupled with their ability to distil clarity in an otherwise opaque scenario, were essential to resolving the issue.

What can be learned from this case?

If you are owed money by your employer, there are a few things you can do:

• Try to resolve the issue informally first. Talk to your manager or HR department about the problem. Even if you cannot, it enables you to rightly move through the process.
• Formalising a dispute might not include reference to a dispute resolution procedure as the issue might not be encapsulated in an Enterprise Agreement, Award or such like instrument. This may include writing a Letter of Demand, generally speaking allowing the party 28 calendar days to resolve the issue. If there is still silence after 14 days, then send follow-up correspondence. Employers have a general obligation to communicate in a timely manner with their employees.

How is the NPAN so effective in defending members during workplace issues and disputes? Our experienced and professional case managers use our unique RED™ case resolution system.

Why is the NPAN different? We believe that real change in healthcare STARTS with empowering frontline nurses, not bureaucrats. 

If you are a member of NPAN and need assistance with bullying or a return to work please submit a Member Support Form on your dashboard, or contact us at 1300 263 374 - hotline@npan.com.au

To find out more about NPAN and become protected today visit: npan.redunion.com.au/signup