Not paying correctly - NSW
Sep 23rd 2014, 10:39 pm
#1
BE Enthusiast
Thread Starter
Joined: Jul 2009
Posts: 390
Not paying correctly - NSW
Hi,
This is an issue my wife is facing at her workplace.
She is working as a account officer in a small RTO in Sydney. She was recruited as a permanent employee, but it became sort of casual with the time. Each time she takes a leave, employer deducted money like a casual employee. As this place is a small place, they didn't sign any contract with her. Now she is working as a causal employee, but the issue is they pay her the minimum wage for a permanent employee. ($ 17 or $ 18, the minimum). As far as i understand, the law says, the casual employee shall get 25% extra as the job is casual. She is working there for about 14 months now and still the employer didn't pay her last year super, even though she chased few times. She already brought to their attention about this salary issue as well, but the employer avoid it by saying various excuses. My wife is currently looking for better place, but it is bit hard. So she doesn't want to put more pressure to the employer or complain to any place sort of as then she may loose the job. The employer has recently hired another employee like my wife, paying lowest salary and making her casual.
So what are our options in this case ? My wife is scared to complain as she will loose the job in that case.
This is an issue my wife is facing at her workplace.
She is working as a account officer in a small RTO in Sydney. She was recruited as a permanent employee, but it became sort of casual with the time. Each time she takes a leave, employer deducted money like a casual employee. As this place is a small place, they didn't sign any contract with her. Now she is working as a causal employee, but the issue is they pay her the minimum wage for a permanent employee. ($ 17 or $ 18, the minimum). As far as i understand, the law says, the casual employee shall get 25% extra as the job is casual. She is working there for about 14 months now and still the employer didn't pay her last year super, even though she chased few times. She already brought to their attention about this salary issue as well, but the employer avoid it by saying various excuses. My wife is currently looking for better place, but it is bit hard. So she doesn't want to put more pressure to the employer or complain to any place sort of as then she may loose the job. The employer has recently hired another employee like my wife, paying lowest salary and making her casual.
So what are our options in this case ? My wife is scared to complain as she will loose the job in that case.
Sep 23rd 2014, 11:10 pm
#2
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Not paying correctly - NSW
What is a RTO?
You've outlined the only option - leave. After that you can claim for the back pay. Otherwise just take it on the chin as you say.
You've outlined the only option - leave. After that you can claim for the back pay. Otherwise just take it on the chin as you say.
Sep 24th 2014, 12:49 am
#3
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Not paying correctly - NSW
Hi,
This is an issue my wife is facing at her workplace.
She is working as a account officer in a small RTO in Sydney. She was recruited as a permanent employee, but it became sort of casual with the time. Each time she takes a leave, employer deducted money like a casual employee. As this place is a small place, they didn't sign any contract with her. Now she is working as a causal employee, but the issue is they pay her the minimum wage for a permanent employee. ($ 17 or $ 18, the minimum). As far as i understand, the law says, the casual employee shall get 25% extra as the job is casual. She is working there for about 14 months now and still the employer didn't pay her last year super, even though she chased few times. She already brought to their attention about this salary issue as well, but the employer avoid it by saying various excuses. My wife is currently looking for better place, but it is bit hard. So she doesn't want to put more pressure to the employer or complain to any place sort of as then she may loose the job. The employer has recently hired another employee like my wife, paying lowest salary and making her casual.
So what are our options in this case ? My wife is scared to complain as she will loose the job in that case.
This is an issue my wife is facing at her workplace.
She is working as a account officer in a small RTO in Sydney. She was recruited as a permanent employee, but it became sort of casual with the time. Each time she takes a leave, employer deducted money like a casual employee. As this place is a small place, they didn't sign any contract with her. Now she is working as a causal employee, but the issue is they pay her the minimum wage for a permanent employee. ($ 17 or $ 18, the minimum). As far as i understand, the law says, the casual employee shall get 25% extra as the job is casual. She is working there for about 14 months now and still the employer didn't pay her last year super, even though she chased few times. She already brought to their attention about this salary issue as well, but the employer avoid it by saying various excuses. My wife is currently looking for better place, but it is bit hard. So she doesn't want to put more pressure to the employer or complain to any place sort of as then she may loose the job. The employer has recently hired another employee like my wife, paying lowest salary and making her casual.
So what are our options in this case ? My wife is scared to complain as she will loose the job in that case.
For information on pay and conditions, see here Welcome to the Fair Work Ombudsman website
For information on what to do if you believe your employer is not paying your superannuation entitlement, see here https://www.ato.gov.au/Individuals/S.../Unpaid-super/
Not paying an employee in accordance with Fair Work Australia rules, and not paying superannuation entitlements, are both offences under the relevant Acts. Both links I provided give advice on how to get help to resolve these issues. Best of luck.
Beoz, an RTO is a Registered Training Organisation.
