Frequently Asked Questions (FAQs)

This claim process can be used to review payment for all activities required to be performed by casuals where they believe they have been underpaid, including where they:

• were requested to undertake additional work but did not submit a timesheet or receive payment;
• submitted a timesheet and believe it has been incorrectly processed; or
• wish to seek a review of a claim that has been rectified as part of the previous casual pay adjustment.

Claims can be made for work performed or casual pay adjustments received within six years from submitting the claim.

Example activities may include if a casual staff member was:

1. Required to conduct practical classes, demonstrations, workshops*, student field excursions (*Workshops include conducting Laboratory sessions/Clinical simulations/training experiments).
2. Required to conduct clinical sessions other than clinical nurse education.
3. Required to conduct performance or visual art studio sessions.
4. Required to provide musical coaching, repetiteurship, musical accompanying other than with special educational service.
5. Required student consultation -in person or online - in addition to the allocation for contemporaneous student consultation as part of a tutorial or lecture.
6. Required attendance at Open Days.
7. Required attendance at Course Inductions.
8. Mandatory attendance and completion of employment onboarding orientation.
9. Mandatory completion of professional development sessions.
10. Required preparation for classes in addition to the allocation already factored into delivery for tutorials and lectures.
11. Required attendance at lecture prior to taking a tutorial (where the staff member is not taking the lecture).
12. Required attendances at staff meetings.
13. Required preparations of subject material for subject guides.
14. Required supervision of higher degree research students, proofreading research papers or additional consultation.
15. Required preparations of course work, supporting materials, course guides.
16. Required activities associated with subject coordination.
17. Paid less than the minimum engagement period.
18. Paid at non-PhD rate when eligible for PhD rate.
19. Paid incorrect rate of pay (e.g. workshop instead of tutorial; repeat tutorial instead of standard tutorial; "little” preparation for Clinical Nurse Education instead of “normal” preparation rate).
20. Paid incorrect rate for marking – based on level of academic judgement required.
21. Paid incorrect hours for marking – based on time spent marking.
22. Any other requirement from your supervisor/manager not listed above.

The opportunity to provide further information regarding any unclaimed academic activities or previous casual pay adjustments is being provided to all current and former casual staff members.

You can lodge a claim up to six years from the work being performed or casual pay adjustment being made.

A requirement to undertake activities may be included in email requests, casual work allocations identified for your role, general school announcements regarding attendance at such things as open days, or on any rosters that you were allocated work time. Please refer to the checklist provided here.

We need this information to help us understand and review your claim and to know who to discuss your claim with.

Please provide us with as much information as possible about your claim. This may include reasons for undertaking the additional work and, if you know, why you did not receive payment.

If you are seeking a review of a previous timesheet or casual pay adjustment, please include why you believe the pay adjustment made is incorrect.

The more information you can provide will assist us in any investigation with the department or school where you have worked.

Yes, you can be represented by the National Tertiary Education Union (NTEU) or another chosen representative throughout the claims process. The NTEU can also lodge a claim on behalf of a former staff member.

Where it is determined that a staff member is entitled to a pay adjustment for historical work, interest will be included in the payments being made. The University will pay an interest amount of 5 per cent on the salary component and 10 per cent interest on the superannuation component.

These interest amounts reflect the interest that staff would have received had they been paid at the time they performed the work. Where a payment is made, each individual will receive information from La Trobe that will detail their total payment, interest, and superannuation related to the payment.

However, in the event that the historical claim is as a result of a staff member forgetting to make a claim at the relevant time, you can use this form to make a claim, but interest will not be applicable.

Former staff receiving an additional payment will receive this to their nominated bank account and to their superannuation account.

Please provide the requested information to enable payment. A payroll officer will liaise with you of when to complete the form to process your payment. In the case of former staff members who are active members of UniSuper, these funds will be directed into your UniSuper account.

Any payment made to you will be taxed as a normal payment. Payments above $1200 and relating to a period which is more than 12 months before the payment date can be classified as a Lump Sum Payment in Arrears (LSPIA) by the ATO.

Before we complete the year end process, we will split the total payment made to you between LSPIA and normal wage codes which may entitle you to a tax offset in your next tax return.

The University is unable to provide you with any financial advice. It is recommended you refer to the ATO website for further information.

Due to the complexities of tax law and variables related to an employee’s unique circumstances (which may include personal contributions to superannuation, secondary income etc), La Trobe is unable to advise as to whether the any additional amount paid into former employee’s superannuation account will exceed the threshold of their annual superannuation contributions.

After you have lodged your tax return, in the event you are contacted by the Australian Taxation Office (ATO) regarding tax for excess contributions, you can fill out an Application – excess contributions determination and submit this form to the ATO. This application is to attest that your super contributions exceeded the cap due to special circumstances and requests that some or all your contributions be disregarded or reallocated to another year.

There is no need to fill out this form unless you are directly contacted by the ATO regarding excess superannuation contributions which can take approx. six months after you complete your Tax Return. In the event this occurs, La Trobe can provide you with wording you can use in your statement explaining the superannuation additional contributions, the context in which they occurred and the years they pertain to. For further information or support regarding this, please contact us on email casual.pay.underpayments@latrobe.edu.au or by calling AskHR on 9479 1234, If you are contacted by the ATO following the submission of your tax return.

If your casual pay claim is not resolved through the initial process, you may escalate your claim through a formal review process.

To escalate your claim, you need to gather any supporting evidence and complete the ‘Request for a Formal Review of Casual Pay Claim’ form.

Once completed, email the form to casual.pay.adjustment@latrobe.edu.au.

Download request form

You should gather any relevant documentation or information that supports your claim. This could include pay records, communications, contracts, or other relevant materials.

The University will, as far as reasonably practicable, make a decision on your claim within 30 days of receiving your escalation request.

Once your request is submitted, it will be reviewed as part of the formal escalation process. You will be notified of the University’s decision within 30 days, unless further information or clarification is required.

Prior to commencing the Casual Payment Claim Form accessible via the link here. Please review this checklist as it will help you to collate the following information.

You will also need to attach information to the form (e.g. emails from your supervisor) so you may wish to prepare these in a format that can be attached (e.g. PDF).

You can lodge a claim up to six years from the work being performed or casual pay adjustment being made.

You will need to submit a separate claim form for each Department you worked with. For each Department in which you have worked and have a claim gather the following information to assist you completing the form.	Information collected (√)
Date (to/from) you worked for the   Department
Senior contact at the time of the   activity – Supervisor, or Head of Department etc. If more than one, please   name each person (e.g. Sem 1, 2020 Alex Surname; Sem 1, 2022 Riley Surname)
Identify the Course/Subject (codes   and names)
Identify the Activity being claimed
Duration of Activity or number of   times completed activity (e.g. once per week for all Sem 1, 2020; or 1 hour   during Sem 1, 2022)
Please provide attachments in support of these claims. This can include;	Electronic copy available to attach (√)
a. Emails from supervisor
Directions from the head of department
Course or subject allocation   information
Any other relevant documentation to   support your claim
If you do not have support documentation as above, please provide your   own description of the activity and the requirement from your supervisor to   complete the work.

Please submit claim evidence with the Claim Form for each department.