Jump to content
Can't remember your login details? Read more... ×
Sign in to follow this  
kamerong

Employment Legalities

Recommended Posts

One of your options is to suck it up and work with them for 3 months - keeping a record of everything - and then run it by the relevant authorities when you resign.

 

Worst case - what they are doing is legal.

 

Best case - what they are doing is illegal and you get back pay.

 

Of course, chasing that up might be difficult if you have an OS holiday planned.

 

Rob.

Share this post


Link to post
Share on other sites

Not only this, but when I'm doing late night closes, for which the rostered finish time is 11:30pm, I'll often not get out until about 12:45am or even 1:00am, just because the place is so god damn busy until that time and most of the experienced closers have quit, leaving me and other new people to learn as we go. Again, when checking my time sheets for these closes, I'll only be paid until 11:30pm, even though I've worked an extra hour beyond that. Supposedly this is because the rostered finish time is 11:30pm and we've worked too slow.

The fact that most of the guys that know the ropes have quit should tell you something. Either they just found better employment or left anyways cos these employers are vampires.

 

So they use cameras to see how slack you work, or how often you chat on your phone, instead of doing the job they pay you for. If you were to report them for not paying up to

an hour's wages a night, I wonder whether the film would be available for your proof ...

 

As for the meetings. Someone said it already, salaried, you'd be expected to be there. Part time, casual, wouldn't they have to pay you the min hourly wage ?

These people really are vampires.

 

How badly do you require these funds ? Are they critical to your NY plans in Bali ? Also if you're this bothered now, how stressed will you be by December, should you still be

working there. By the time you get to Bali you'll be a basket case. Find another position that will allow you to save your bucks with less stress involved.

Edited by eveln

Share this post


Link to post
Share on other sites

Ok... the service industry doesn't have big union backing, IBH, I haven't read the rest of the replies but they're not allowed to dock your pay for shit like that...

 

It sounds as if they're a dodgy joint anyway.. if you don't treat your service staff right you'll get a) shit staff, and b) they'll be giving shit service...

 

$17 an hour for waiting tables is a little on the low side... especially since tipping really isn't done here, minimum wage is actually $15.50 so that's no issue...

 

Also in service and security you don't usually get penalty rates, that just goes with the territory, because you're usually working when the rest of the world plays.

 

If you're over 20 you'd be earning more at maccas. lulz...

 

If they tried to pull that shit with me I'd be definitely asking about it, especially hours not paid for, and then if they're still shit, quit... they'll have to get some new staff... it won't be an issue, the amount of resumes service places has been increasing shit loads lately, things are getting tougher.

 

Or since you're going to quit anyway stick it out as you probably won't get a job till it's time anyway...

 

Up to you, weigh it up... yo could try kicking up a big stink, but TBH, in service this shit happens all the time... waste of time IMO.

Share this post


Link to post
Share on other sites

Just to follow up on the excellent points a few people have made.

 

1. Make sure you have a copy of your contract (the whole thing). When you signed the contract, you should have been given a copy to keep.

2. On the timesheet issues, do you get a copy of the timesheets? Can you take a copy of some of the timesheets (even take a photo with your camera if it won't get you into shit). Time worked, but not paid should be (IIRC) reflected on your pay slip. They need to give you a payslip, they don't play you cash in hand do they?

Share this post


Link to post
Share on other sites

Just to follow up on the excellent points a few people have made.

 

1. Make sure you have a copy of your contract (the whole thing). When you signed the contract, you should have been given a copy to keep.

2. On the timesheet issues, do you get a copy of the timesheets? Can you take a copy of some of the timesheets (even take a photo with your camera if it won't get you into shit). Time worked, but not paid should be (IIRC) reflected on your pay slip. They need to give you a payslip, they don't play you cash in hand do they?

Yeah, I have a copy of the contract at home. The unpaid overtime, as far as I can tell, is not explicitly mentioned, though it's probably covered under my award which I'll have to check out.

 

As far as the timesheet goes, I have access to it electronically via the internet, so I can look at that any time I want. Not cash in hand either.

Share this post


Link to post
Share on other sites

well if you think the job is so great youre going through all this hassle keep a personal diary of hours worked and get the boss or someone else there to sign it and date it each day

but why are you fucking around with it?

just get a new job and dont tell them until after payday and leave

Share this post


Link to post
Share on other sites

Sounds like you'd be better off at KFC/Maccas/Woolies/Coles to me. At least they pay you properly for working overtime and have a concrete working roster.

Share this post


Link to post
Share on other sites

Sounds like you'd be better off at KFC/Maccas/Woolies/Coles to me. At least they pay you properly for working overtime and have a concrete working roster.

Sounds like it to me too. Only reason I'm not flat out walking out is because a very close friend is the manager and she gave me the job there, I don't want to screw her over by just pissing off. Also the fact that I leave for Bali in 8 weeks means I don't really have the time to find a new job then straight away take over 2 weeks leave. I'm alright for money, I just need to make a little bit more between now and then to be comfortable, so I'm going to stick this one out then hand in my 4 weeks notice before I go away.

 

I'm still going to speak to FWA because I want every cent that's owed to me, whether its 15 minutes or 15 hours worth, and I don't want them to keep screwing others over. It's gotten to the point there where shift managers want me to speak to FWA because they're tired of being told to screw workers over (I don't know why they don't just do it themselves, I guess it's because they get paid fairly)

Share this post


Link to post
Share on other sites

Hospitality is a dodgy as fuck industry, especially if you are part time or casual. You are completely at your employer's mercy and fighting against anything illegal they are doing will result in you not getting shifts or losing the job altogether. If you can't handle that then quit your job now.

 

Most places request you arrive 10-15 minutes ahead of your shift. If you're arriving 1 or 2 minutes past your shift start time, why should you be paid for the expected 10-15 minutes "getting ready" time that you are told to allow?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×