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  1. #1
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    Default Being underpaid at work.

    I'll keep this quick and simple:

    I worked Good Friday (public holiday in Australia), I am meant to get double pay for public holidays, I got roughly $28 an hour instead of $40.
    The owners say "they can't afford to pay me public holiday rates" (they ASKED me to work, I was the only person on).

    What do I do? It's not the first time this has happened, and they just hired a new person who sucks anyway, so they obviously aren't money strapped...

  2. #2
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    FlyingJesus

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    If it's contracted then they have to, especially since by the sounds of it you were doing it as overtime anyway
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  3. #3
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    Quote Originally Posted by Blinger View Post
    I'll keep this quick and simple:

    I worked Good Friday (public holiday in Australia), I am meant to get double pay for public holidays, I got roughly $28 an hour instead of $40.
    The owners say "they can't afford to pay me public holiday rates" (they ASKED me to work, I was the only person on).

    What do I do? It's not the first time this has happened, and they just hired a new person who sucks anyway, so they obviously aren't money strapped...
    OK - First you need to advise what the relevant award covers your industry and/or if an applicable enterprise agreement exists - It's definitely not right for them to say they cannot afford penalties for a public holiday. Once you provide that I can give you more detailed information regarding this situation.

    It would pay to be part of a union if this is a frequent thing (most people join unions after experiencing trouble with there employer). The most important thing is that you should not fear termination for demanding your correct wage - Australia's Fair Work system protects you from being unfairly dismissed from your job because you stood up for your rights or joined a union.

    Again I can provide more information once you provide the industry and role you work in (if its a chain employer like Mcdonalds or Woolworths) just provide the company name.

  4. #4
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    Default

    Quote Originally Posted by FlyingJesus View Post
    If it's contracted then they have to, especially since by the sounds of it you were doing it as overtime anyway
    Well there are 2.5 bakers. Two full time, and one apprentice. The apprentice is on his way out because he is ****, so we didn't ask him to work yesterday since it's a fairly easy day anyway.

    I worked yesterday and this morning (both are public holidays). When they asked me I said "I don't care about working public holidays, but I'm not doing it for crappy pay" since they originally told us they can't afford the public holiday rates. In Australia you either work + get paid penalty rates, or it's a paid day off, so it's a win-win for me, really. Anyway, they still wanted me to work so it's not really overtime as such, I think.

  5. #5
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    If you agreed to get paid less then you might be SOL (Asking you to be paid less might not be allowed either), however if you were obliged to work then I suspect they're required to pay you the full overtime.
    Chippiewill.


  6. #6
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    Quote Originally Posted by HE-Joshua View Post
    OK - First you need to advise what the relevant award covers your industry and/or if an applicable enterprise agreement exists - It's definitely not right for them to say they cannot afford penalties for a public holiday. Once you provide that I can give you more detailed information regarding this situation.

    It would pay to be part of a union if this is a frequent thing (most people join unions after experiencing trouble with there employer). The most important thing is that you should not fear termination for demanding your correct wage - Australia's Fair Work system protects you from being unfairly dismissed from your job because you stood up for your rights or joined a union.

    Again I can provide more information once you provide the industry and role you work in (if its a chain employer like Mcdonalds or Woolworths) just provide the company name.
    Nah, I'm with an independent bakery now. I know by law a few things aren't done here. Like payslips - what are they? lol. In 6 months I have received.. maybe a third of them, and that's because I asked. This is the award, I know it says additional 150% which to me sounds like 2.5 x $20 (let's say) so $50 an hour, right?

    The thing that is annoying me most, yesterday for example the shop was closed but I had to bake for a supermarket, they got 200 hot cross buns, let's say they cost $1 each wholesale (may be a bit more), that's $200 right there, and then they also have about $400 worth of stuff on a normal order, so roughly $600 and they "can't afford" my pay? grrrr!

    I'm thinking of just walking out on them if they don't pay me the additional $80 plus today's pay ($320).. ;-\

    - - - Updated - - -

    Quote Originally Posted by Chippiewill View Post
    If you agreed to get paid less then you might be SOL (Asking you to be paid less might not be allowed either), however if you were obliged to work then I suspect they're required to pay you the full overtime.
    Well we never had a proper talk about how much I will get. When they asked I responded about not working for crappy pay ($20 an hour instead of $40) and they said "okay, we'll talk about it tomorrow then" and we never did. They just handed me $200 today (I didn't count it in front of them/the apprentice) and said "today's pay will be given to you Thursday" which is pay day.

  7. #7
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    Quote Originally Posted by Blinger View Post
    Well we never had a proper talk about how much I will get. When they asked I responded about not working for crappy pay ($20 an hour instead of $40) and they said "okay, we'll talk about it tomorrow then" and we never did. They just handed me $200 today (I didn't count it in front of them/the apprentice) and said "today's pay will be given to you Thursday" which is pay day.
    If you never agreed to be paid less than double AND if it states either in contract or in law that you should be paid double then in my opinion you are 100% in the right to expect double.
    Chippiewill.


  8. #8
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    mdport.

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    Yeah don't just let them get off with it. They owe you the money they can't turn round after you've worked the hours and then say they can't afford to pay you the extra. Considering they have the money to employ a new person too, then they're just trying to rip you off.

  9. #9
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    i literally get underpaid every month, i just complain until they do it
    i got underpaid £28 this month and i threatened to quit, they gave me the money out of the till and promised it will never happen again... be amazing at your job and you can just threaten to leave so they make sure they don't do it


  10. #10
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    Quote Originally Posted by Becca View Post
    i literally get underpaid every month, i just complain until they do it
    i got underpaid £28 this month and i threatened to quit, they gave me the money out of the till and promised it will never happen again... be amazing at your job and you can just threaten to leave so they make sure they don't do it
    They do need me, there's me and one and a half other bakers. The half is most likely gonna be fired soon.. so, ya.

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