Jump to content
any employment law gurus out there?
4 replies to this topic
Posted 24 November 2012 - 04:35 AM
hey all, thanks for reading
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 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
Posted 24 November 2012 - 04:38 AM
Try contacting wage line. They would be best to help with your query.
Posted 24 November 2012 - 04:51 AM
thanks I will I did check out the website but just ended up going round in circles!
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.
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.
0 user(s) are reading this topic
0 members, 0 guests, 0 anonymous users
The horrific terrorist attack in Manchester, killing 22 people and injuring many others, including children, has impacted people throughout the world.
Now you can have your baby or toddler's name printed on their Bonds Zippys.
A mum has taken to Facebook to warn parents of the dangers of a popular baby monitor after her daughter sustained a burn to her foot.
Children under the age of one should not be given fruit juice, according to new advice issued by the American Academy of Pediatrics.
One of the weirdest things about your little kids getting older, I find, is when they start to be able to hold full conversations with you.
Aspirin and early detection are helping to save the lives of Australian women and babies at risk of dying from the pregnancy complication pre-eclampsia.
Some mums are left physically and emotionally depleted, with nothing left to give, long after giving birth.
A technique that effectively "unblocks" a woman's fallopian tubes by flushing them with liquid to help her conceive has been used for decades, with varying levels of success. Now a study has confirmed that the method significantly improves fertility, and that a certain type of fluid – one that is oil-based rather than water-based – shows strong results.
Chances are you've heard of body pump, but have you heard of belly pump?
It's a common problem faced by mums returning to work after an extended period of maternity leave. How do I account for the gap that years at home caring for babies has left in my resume?
Make sure you aren't eating while reading this post.
Top 5 Articles
From our network
Money might be funny in a rich man's world (or so ABBA told us), but for the rest of us it's a major consideration – particularly before having a baby.
Maternity leave is a special time for you, your partner and your new little bundle. The last thing you want is for financial worries to stand in the way of that joy.
Becoming a parent is full of surprises – not least of all finding out that, for such small beings, babies cause a lot of chaos and expense.
Here are some ideas for getting that budget in shape, ready for being a one income family.
See what names are trending this year.