Complaints about final entitlements
We take complaints from former APS or Parliamentary Service employees concerned about their final entitlements.
What are final entitlements?
Final entitlements are the payments you receive when you cease employment. These payments may include:
- your final salary payment including any outstanding payments for overtime and flextime (where your enterprise agreement provides for the cashing out of flex credits on separation)
- the leave you have accrued but not taken
- redundancy payments and payments in lieu of notice.
Your final entitlements are determined by the Fair Work Act 2009 and the industrial instrument you are employed under. This will usually be your agency's enterprise agreement, or your contract of employment.
Your entitlement to be paid for accrued leave is set out in the Fair Work Act and the Long Service Leave Act 1976. It covers annual leave and long service leave but not sick and personal leave.
Final entitlements do not usually include disputes about superannuation entitlements. Your superannuation provider may be able to assist with this issue.
What we can and can't investigate
We can investigate errors in the amount of money you received in your final payout, or delays in receiving your final payments. We can also look at whether your agency has provided you with enough information to understand how your final entitlements were calculated.
We can't investigate matters that occurred during your employment even if they may have had an impact on your final salary. For example, you may have a received a performance rating that made you ineligible to advance a pay point. You would have been able to seek review of the performance rating while still an employee under the Review of Actions scheme. For this reason, we do not investigate these types of concerns as a complaint about final entitlements.
How do I make a complaint?
You can make a complaint at any time after leaving your employment. It will be easier for us to investigate your concerns if you raise them in a timely manner, while information is readily available.
How will we handle your complaint?
| What happens | How it happens |
|---|---|
| You lodge a complaint | Use a complaint form to lodge your complaint, and email it to review@mpc.gov.au. |
| We assess your complaint | Once we receive your complaint, we will assess it to determine if it is eligible for us to investigate. Sometimes we will need to contact your former employee to seek further information, or clarify certain questions, to help us decide if your complaint is eligible. We may also send your former employer a copy of your complaint form. |
| We investigate your concerns |
If your complaint is eligible, we will investigate your concerns. This involves asking your former employer for information such as leave balances, and payment records. We will request the agency provide this information within 7 days, and to also send you a copy. |
| We try to resolve your concerns | Often, we are able to resolve your concerns by seeking further information, or an explanation from your former employee. If there has been a mistake, we are often able to assist to rectify this informally. |
| Make a recommendation | If we are unable to resolve your concerns informally, we may write to your former employer to make a recommendation about the final entitlements you should be paid. |
You may also be able to make a complaint to the Fair Work Ombudsman, if your concern is about a breach of workplace laws or an enterprise agreement, or to the Federal Circuit Court under its Fair Work Act jurisdiction.
Legislation
Find details about our governing legislation.