Is my employer allowed to do this??
Feb 16th 2007, 5:21 am
#16
Breast Inspector
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Re: Is my employer allowed to do this??
A quick update.......Jim phoned Workchoices for me today (I can't because I share an office with my manager). They told him that an employer must advise you if they intend to make a deduction from your wage and also they must have your consent to do so. (They can only legally make a deduction if there is a clause written into your employment contract - there is nothing mentioned in mine).
The lady at Workchoices has said to approach my employer first and tell him that legally he is not allowed to this. If this doesn't resolve the situation then I can fill out a claim form and Workchoices will take up my case.
So I will see what the dickheads have to say for themselves on Monday and let you know the outcome.
Wendy
The lady at Workchoices has said to approach my employer first and tell him that legally he is not allowed to this. If this doesn't resolve the situation then I can fill out a claim form and Workchoices will take up my case.
So I will see what the dickheads have to say for themselves on Monday and let you know the outcome.
Wendy
Feb 16th 2007, 5:34 am
#17
(It's not my real name)
Joined: Sep 2002
Location: Ilukapool. WA
Posts: 12,467
Re: Is my employer allowed to do this??
"Here's the money we owe you, now p*ss off!"
Feb 17th 2007, 10:10 pm
#19
Breast Inspector
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Re: Is my employer allowed to do this??
Thanks Renth. But to be honest it wouldn't be the end of the world if they did that....for such a big company who pride themselves on looking after people they have done a pretty shit job with me in the 14 months I have been there. Plus if they give me the boot I will make sure plenty of people know about it !!
Feb 18th 2007, 1:41 am
#20
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Re: Is my employer allowed to do this??
Hi
As chance would have it I was just on various gov. websites looking up this (husband was stopped a days pay, having been told he would get paid). First we knew was when the money in the account was down!!!
Anyway, the info I found said no deductions can be taken unless the employer has written authorization from the employee. I telephone the Industrial Relations who confirmed this for me. O/H spoke to his boss, he said he would look into it, and was paid the next day.
Incidently, my O/H has never received a pay slip since starting, we don't think super is being paid, I have checked and apparently it is against the law to not give a payslip, another employee told my O/H because he is paid direct into the bank he doesn't have to get a payslip.....I disagree......is it law to provide a payslip or am I wrong?
So I would say you have a case, but make some calls just to have solid advice.
Good luck.
Nikki
As chance would have it I was just on various gov. websites looking up this (husband was stopped a days pay, having been told he would get paid). First we knew was when the money in the account was down!!!
Anyway, the info I found said no deductions can be taken unless the employer has written authorization from the employee. I telephone the Industrial Relations who confirmed this for me. O/H spoke to his boss, he said he would look into it, and was paid the next day.
Incidently, my O/H has never received a pay slip since starting, we don't think super is being paid, I have checked and apparently it is against the law to not give a payslip, another employee told my O/H because he is paid direct into the bank he doesn't have to get a payslip.....I disagree......is it law to provide a payslip or am I wrong?
So I would say you have a case, but make some calls just to have solid advice.
Good luck.
Nikki
On it should be weekly earnings(or f/nightly or monthly) and a year to date total.Also holiday pay accrual,sick leave accrual and after 12 months long service leave accrual.Super should also be on the note with the year to date total.Super should be 9% of earnings ,which leaves it wide open,base earnings?Total earnings,commission earnings if applicable,bit of a minefield.In my days as a shop steward I could never get an answer.Some companies pay it on total earnings,others only on 38 hrs.
The tax office (ATO) will chase up whether super is being paid and prosecute the employer if it is not.If it is a $2 shelf company you have lost the super,it should be paid at least quarterly,preferably monthly to take advantage of the compounding.
Good Luck
Feb 18th 2007, 2:16 am
#21
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Joined: Jan 2005
Posts: 529
Re: Is my employer allowed to do this??
To the best of my knowledge you must be given a pay note.
On it should be weekly earnings(or f/nightly or monthly) and a year to date total.Also holiday pay accrual,sick leave accrual and after 12 months long service leave accrual.Super should also be on the note with the year to date total.Super should be 9% of earnings ,which leaves it wide open,base earnings?Total earnings,commission earnings if applicable,bit of a minefield.In my days as a shop steward I could never get an answer.Some companies pay it on total earnings,others only on 38 hrs.
The tax office (ATO) will chase up whether super is being paid and prosecute the employer if it is not.If it is a $2 shelf company you have lost the super,it should be paid at least quarterly,preferably monthly to take advantage of the compounding.
Good Luck
On it should be weekly earnings(or f/nightly or monthly) and a year to date total.Also holiday pay accrual,sick leave accrual and after 12 months long service leave accrual.Super should also be on the note with the year to date total.Super should be 9% of earnings ,which leaves it wide open,base earnings?Total earnings,commission earnings if applicable,bit of a minefield.In my days as a shop steward I could never get an answer.Some companies pay it on total earnings,others only on 38 hrs.
The tax office (ATO) will chase up whether super is being paid and prosecute the employer if it is not.If it is a $2 shelf company you have lost the super,it should be paid at least quarterly,preferably monthly to take advantage of the compounding.
Good Luck
Guy my O/H is working for is a born again christian who does alot for his community.....but when it comes to his staff....he is a nice guy, but to date has dodged a weeks holiday pay saying a cheque bounced and there was no money to pay my O/H, told O/H not to come in one day as job was not ready and did not pay him, O/H queired this and payment was made the following day, no super paid after 5 months at company, rain day not paid for, 2 occasions was $10 underpaid ($10 not much, but principle, if $10 is taken from each employee it adds up to a bit at the end of a month) !!
O/H has sorted a couple of issues, but doesn't want to come accross as winging pom, also he wants to get as much experience as he can before he gets his licence and sets up on his own. He likes the gang he is with and his weekly pay is more thank some employers in the same line of work are paying in the area!
We think he is just getting away with what he can cos my O/H is a new arival to the country!
Nikki
