Work related (Annual leave)

[ILLaViTaR]

Hey guys.

From March 2007 I worked a part time shift as a kitchen hand until late may.
She gave me the decision of termination, or a casual position.

I signed the agreement to go casual, she said I'd get my annual leave in a few weeks.

My casual contract also said I will commence my casual position on June 2nd.

Today I was wondering why I hadn't received my annual leave so I decided to ring head office. I discovered that I am still listed as part time.

I was expecting something like this too happen, they have wriggled their way out of paying other part time employees their annual leave entitlements in the past (I have witnessed it not just heard).

I don't want to explain it on here but I know for a fact the reason I am still listed as part time is so they don't have to pay me out annual leave.

(Their plan was to hope that I forget about it like the other employees did).

Now here's the thing, she's trying to screw me and I have come up with the plan to screw her. I turn 19 next month and my pay takes a significant jump so my annual leave will have a nicer sum.

My plan is to claim it then, however I believe they will try to get out of it and merely tried to say the contract wasn't processed we will pay you the amount you had on June 2nd.

If the contract wasn't processed wouldn't it be void since I signed it on the condition to start my casual position on June 2nd which hasn't happen?

Keep in mind I'm part time still, that means I'm still entitled to 9hrs a week?
I haven't worked since May 28th because she told me I was casual.

Wouldn't that be illegal since I'm not casual? She can't have it both way.

[troppo]

Casuals don't get leave entitlements of any sort AFAIK.

[pertuan]

If you have it on paper that you have leave under part-time employment and can prove that they have not paid you out for it prior to commencing your casual employment then you should be safe. They cannot have it magically disappear as there must be an audit trail. They must show what has happened to your leave.

[ILLaViTaR]

Originally Posted by troppo

Casuals don't get leave entitlements of any sort AFAIK.

I transferred to casual from part time.
My annual leave is from when I worked part time.

[ILLaViTaR]

Originally Posted by pertuan

If you have it on paper that you have leave under part-time employment and can prove that they have not paid you out for it prior to commencing your casual employment then you should be safe. They cannot have it magically disappear as there must be an audit trail. They must show what has happened to your leave.

Sorry I need to change the first part of my post.

I worked with the company part time from March 2007 to May 2008.

I then transferred my part time position into a casual position.
On the contract that was effective of June 2nd.

[JC]

Originally Posted by ILLaViTaR

Yeah I know all that but please re read my post.

My boss/store manager plan is to screw me out of the annual leave by leaving me as part time on the computer database.

Now since I am still listed as part time I should still be getting 9hrs a week which I haven't received.

My plan is to screw her over so she doesn't screw anyone else over again, I also really want revenge.

If you are still part time (on the computer), and you haven't turned up to work since May 28, then you could be sacked for "no-show" reasons - ie they could say you are AWOL.

If I were you, I'd be contacting the Workplace Ombudsman, and getting REAL, professional advice, not just some opinion on here that at the end of the day may be worth nothing. A mob in Canberra just got fined over $80k for not paying their employees correctly, so the process can and does work.

[DoreSlamR]

Have a close look at your latest contract (AWA, whatever you signed).
Also your pay slips should have all the relevant information as well.
If your contract says you are now casual, then, thats what you are.

Another thing, your leave will be calculated at the rate of the time you accumulate it, so if you get it paid out 2 weeks after you turn 19, you will only get paid 2 weeks on the new rate.

[ILLaViTaR]

Originally Posted by JC

If you are still part time (on the computer), and you haven't turned up to work since May 28, then you could be sacked for "no-show" reasons - ie they could say you are AWOL.

If I were you, I'd be contacting the Workplace Ombudsman, and getting REAL, professional advice, not just some opinion on here that at the end of the day may be worth nothing. A mob in Canberra just got fined over $80k for not paying their employees correctly, so the process can and does work.

Thanks JC. It's not like that though.

I have the contract copy here showing I signed for a casual position so they can't terminate me, she also hasn't rostered me on since I signed that contract meaning she was aware of the situation.


Our plans were as follows: To wait until I was 19 so I'd get more leave (the computer still lists me as part time).
Or to be compensated for the last month that I wasn't rostered on (Since I'm part time on the database I should have been rostered on 9hrs each week and I haven't been).

I don't really care about getting more money using those methods though.
I will happily take my annual leave now however I still want to burn them somehow.

An easier method might be to report them to the AIRC. Thing is in my case they're trying to rig the system but they officially haven't done anything wrong in my case. However with my brother they screwed him with his overtime and screwed my friend with his annual leave. Hopefully the AIRC will send someone over to check their pay records, realise this and the company will still get burned.

[ILLaViTaR]

I just talked to my borther and couldn't believe what I heard.

He is part time and worked many days in a row.
There's a law stating if you don't get a day break or something you are entitled to double pay or overtime.

She got out of this one by changing him on the roster saying he worked a different day than he actually did.

So say he worked "Mon, Tues, Wed, Thurs, Fri, Sat"

She changed that to "Mon, Tues, Wed, Fri, Sat, Sun.

That is fraud and we will be taking action.

[Bossxr8]

That's why you should be in a Union. They would advise you and take up the cause.

Get some real advice from the relevant authorities and you will get what you are entitled too.

[pauljh74]

Seems like they're trying to push you out anyway - basically pushing you into a casual position and then not giving you shifts. They'll argue there's not enough work. Has someone else replaced you? Were they satisfied with your work?

They have to pay you out your outstanding annual leave from your employment as a part time employee, and of course annual leave won't accrue now as you are casual.

As for you still being listed as part-time, they'll probably just argue that there was a delay in updating your records, as long as you were being paid casual rates - if they were giving you work - that would make it clear you were casual. They would also have a copy of the signed agreement to go to casual, so they'd produce that to show you have changed status.

You could complain you were pressured into taking a casual position - being offered casual or the sack would qualify as being under duress.

[Full Noise]

I can’t believe that you actually have a job.

Originally Posted by ILLaViTaR

Now here's the thing, she's trying to screw me and I have come up with the plan to screw her.

I don’t think that the forum is the best place to discuss personal details like this. Your sex life is none of our business.

[AusM]

See if you can find out what award you are on and look it up:
http://www.workplaceauthority.gov.au/
Your employer is required to tell you what award you are being paid under.

About the pay for continuous work, for my award, this is the detail:

An employee who is required to work more than six consecutive days if a day work employee, or six consecutive shifts if a shift work employee, without a clear interval from work of 36 hours after the sixth day or shift, must be paid double for all work performed after the sixth day or shift until the employee has had such clear interval of 36 hours. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break there will be no reduction in their weekly wage.

If you don't get a 10 hour break between shifts, it's double time too. Your award may or may not be similar...

Also, when you went part time to casual, you should have gotten a 25% pay increase, though agreeing to a contract may negate this? Telling you you're fired or going casual doesn't sound kosher either. Talk to someone who knows!

[ILLaViTaR]

Originally Posted by Bossxr8

That's why you should be in a Union. They would advise you and take up the cause.

Get some real advice from the relevant authorities and you will get what you are entitled too.

Yeah dad called the AIRC yesterday and notified them of all the dodgy things we've seen.

[ILLaViTaR]

Originally Posted by pauljh74

Seems like they're trying to push you out anyway - basically pushing you into a casual position and then not giving you shifts. They'll argue there's not enough work. Has someone else replaced you? Were they satisfied with your work?

They have to pay you out your outstanding annual leave from your employment as a part time employee, and of course annual leave won't accrue now as you are casual.

As for you still being listed as part-time, they'll probably just argue that there was a delay in updating your records, as long as you were being paid casual rates - if they were giving you work - that would make it clear you were casual. They would also have a copy of the signed agreement to go to casual, so they'd produce that to show you have changed status.

You could complain you were pressured into taking a casual position - being offered casual or the sack would qualify as being under duress.

Yeah true however I don't want the part time position back I've now got a far better job.

I'm personally done with them as soon as I get the leave. However Dad and I
aren't giving up with the pay they owe my brother.

[ILLaViTaR]

Originally Posted by Full Noise

I can’t believe that you actually have a job.I don’t think that the forum is the best place to discuss personal details like this. Your sex life is none of our business.

Why would it be so hard for you to believe I have a job?
I'm also in Uni.

Trying to be funny? Taking things out of context and turning them into lame childish jokes aren't impressive mate.

[Full Noise]

Originally Posted by ILLaViTaR

Why would it be so hard for you to believe I have a job?
I'm also in Uni.

Trying to be funny? Taking things out of context and turning them into lame childish jokes aren't impressive mate.

Mate, I posted that comment at 10:11 AM. I hope to Christ that you’re not studying optometry at university considering that it took 11 and a half hours for you to see it.

[ILLaViTaR]

Originally Posted by Full Noise

Mate, I posted that comment at 10:11 AM. I hope to Christ that you’re not studying optometry at university considering that it took 11 and a half hours for you to see it.

Some of us work.

[Full Noise]

Originally Posted by ILLaViTaR

Some of us work.

Would you like fries with that?

[ILLaViTaR]

Originally Posted by Full Noise

Would you like fries with that?

You mock me working in a low wage job.
Last time I checked Truck drivers didn't go to University.

[Full Noise]

You’re dead right there, however, when you finish at university, you still have to find a job…. err good luck. Looking at many of the useless threads that you’ve started, I wonder what your career options are?

I’d be staying on good terms with the fast food joint if I were you.

[King Nothing]

Wow, just a bit of hostility.

[ILLaViTaR]

Originally Posted by Full Noise

You’re dead right there, however, when you finish at university, you still have to find a job…. err good luck. Looking at many of the useless threads that you’ve started, I wonder what your career options are?

I’d be staying on good terms with the fast food joint if I were you.

Pffft if the worst happens I'll just get an HR license, and become a truckie, grow old and hate myself for the rest of my life.

I wasn't aware you needed a degree in thread making to get anywhere in life.
Guess I know now, thanks I'll ring RMIT up tomorrow and change course.

Also if a mod reads this can you please close the thread, there's no point to it anymore.

[azaxr8]

haha, im loving this argument. keep going!!

[ILLaViTaR]

Originally Posted by azaxr8

haha, im loving this argument. keep going!!

No more for me.

[DJM83]

Thread closed end of story.