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any employment law gurus out there?

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4 replies to this topic

#1 starsg

Posted 24 November 2012 - 04:35 AM

hey all, thanks for reading original.gif

I'm currently employed in the hospitality industry in Victoria as a casual, and have a feeling my boss may be doing a bit of a dodgy :s

We get no public holiday penalty rates, no increased weekend rates or late night rates. Its just one flat pay rate all the time. We are also expected to attend unpaid staff meetings which are compulsory. If anyone complains they mysteriously disappear from the roster  sick.gif I was also wondering, are public holidays such as Christmas/ New years day optional for casual workers? ie they can ask you to work but can't force you? Theyve told several of us that we MUST work Christmas (and for no extra pay) surely this can't be legal?

What would be the best way to ascertain what award I'm covered by to see if this is legal? I checked out the basic hospitality award and it seems we're being paid under the minimum set out in the award but im not even sure if that's the one that applies to me. it's all so confusing! I'm leaving soon anyway so I don't really care if I get a reputation as a trouble maker, I'd just love some legal certainty so I can stand up for myself against my a*s*hole boss! any insight woul be much appreciated original.gif

#2 I'veGotTheBook

Posted 24 November 2012 - 04:38 AM

Try contacting wage line. They would be best to help with your query. original.gif

#3 starsg

Posted 24 November 2012 - 04:51 AM

thanks I will original.gif I did check out the website but just ended up going round in circles!

#4 Stellajoy

Posted 24 November 2012 - 05:11 AM

I own a cafe so can tell you most of that is illegal.

They cant "make" you work any shift as a casual!

of course the down side is that hospitality workers are treated horrendously, and there is nothing stopping them not giving you shifts.

Call fair work australia, dont bother with the website just call and someone can talk you through it.

#5 belindarama

Posted 24 November 2012 - 06:59 AM

You actually need to call the Fair Work Ombudsman not Fair Work Australia.

All of what you describe sounds dodgy. It sounds to me like you would be covered by the Restaurant Industry Award 2010.

The FWO investigates underpayment and does do random checks. You can report it and ask that you remain anonymous.

I would be concerned that your super is not being paid as well. The ATO polices that.

If you do make a complaint and you are dismissed you can make an general protections claim with FWA on the basis that you have suffered 'adverse action' due to exercising a workplace right, in this case the right to be paid as per your award. This can lead to reinstatement or compensation for the dismissal. You only have 21 days to lodge your claim, just in case you need that information!

The other option is to put up with it for now, find another job ASAP and then dob them in once you have left. This would lead to back pay for you and anyone else underpaid plus the possibility of prosecution and a fine.

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