Where an agency finds that salaries or wages have been overpaid to an employee, the Agency must inform the employee in writing that the overpayment has occurred, the amount of the overpayment and that the employee has twenty calendar days from the date on which he or she received the notification that he or she may reimburse the overpayment. Debts owed to the state for overpayment of wages can be recovered by the Agency in several ways: net payment for the purposes of this section means the amount of overpayment to an employee, less employees` share of Taxes on Social Security and Medicare wages. Note: The above process must be followed even if the employee has resigned. In the billing system, another deduction is recorded so that the overpayment can be recovered upon subsequent reinstatement of the employee. If an employer accidentally makes payments to an employee under the JobKeeper program (for example. B because he thinks he is entitled to payments, but he is not), the usual rules apply for additional payments. If the Agency considers that an overpayment of wages has occurred with a worker who is not covered by a collective agreement, it should collect information and have a preliminary interview with the worker about the overpayment. During that preliminary interview, the Agency should inform staff of the availability of the administrative consultation procedure if the Agency and staff are unable to agree that an overpayment has occurred. If the Agency and staff agree that an overpayment has occurred, the Agency should endeavour to reach an agreement with the employee on the amount of the overpayment and how the employee will reimburse the overpayment. The Agency and the workers may agree on a duration longer or shorter than the duration of the overpayment provided for in the collective agreement; However, without the prior consent of the worker, the Agency may not deduct during a period of wages more than the amount provided for in the agreement. Wage deductions are maintained until the entire overpayment debt is withdrawn.
At this stage, it is important that the Agency take into account the amount of overpayment and the estimated costs in order to obtain a recovery for each available repair option. Where the Agency has questions relating to legal rights and obligations, the questions should be put to the Deputy Deputy Attorney General of the Agency. The winning agency, which accepts a salary withdrawal agreement, receives the overpayment as a net deduction in accordance with the agreement. There is no tax effect on wages in the extraction agency. The losing agency is responsible for submitting corrected payroll tax reports and reimbursing the Agency`s income tax costs. Where an agency finds that a worker covered by a collective agreement has received too much pay, the Agency must inform the worker in writing. The dismissal should include the amount of overpayment, the basis of the worker`s right and rights under the collective agreement. For the workers represented, an overpayment of wages is considered to be long overpayment: if an overpayment is found only after the departure of an employee and refuses to repay voluntarily, the employer should consider the legal possibilities.
This may include: This refund is reasonable, since Tony had a choice of how the money was refunded and the amount and frequency of each payment. Tony and his employer Alice get together to discuss overpayment. Tony agrees to pay the money back and they will find a solution. Examples include salary fines or additional payments in an employee`s superfund. The Agency should only agree if the worker agrees to reject his or her request for a court hearing. If the Agency enters into this agreement with the worker, it cannot return the debt to a collection company. Employers can`t take money out of an employee`s salary to correct an error or overpayment.. . .