Should i contact fairwork?

Cuzdup

Club Legend
Apr 24, 2014
1,025
1,148
AFL Club
West Coast
Hi people.
I have just finished year 1 of an adult apprenticeship but the last few months it has been increasingly hard to get my pay. In early January my pay (meant to be Fortnightly) was 11 days late so i cracked it and told my boss and his wife that this needs to stop. That same day i got long winded SMS saying my employment was going from full-time to part-time and was not required for the rest of week, i then asked about my parttime hours on the following friday and got a SMS on the sunday saying my employment has been terminated immediately and i should look for a transfer or a new job entirely.

So in a nut shell, i was given no notice and now im being completely dicked around on a weeks pay and the holiday pay im owed which is about 3 weeks worth that should have been payed into my account 11 days ago. Everything pretty much went down over SMS which i have kept for the record, i just want my pay so i can forget these scumbags exist.

Can fairwork do anything at all and do i even have a case?
 
So they just decide, just like that, to turn you from a full time employee to a part time employee and they told you via sms???

Oh man, my place would be standing still out the front just because the pay was 11 days late, let alone the sms bullcrap

For starters you need a payout
If youre full time you cant just be made part time lol
That breaks so many rules it's not funny
I'm guessing this isn't a big business but some backyard idiots??
 
Feb 6, 2013
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Hi people.
I have just finished year 1 of an adult apprenticeship but the last few months it has been increasingly hard to get my pay. In early January my pay (meant to be Fortnightly) was 11 days late so i cracked it and told my boss and his wife that this needs to stop. That same day i got long winded SMS saying my employment was going from full-time to part-time and was not required for the rest of week, i then asked about my parttime hours on the following friday and got a SMS on the sunday saying my employment has been terminated immediately and i should look for a transfer or a new job entirely.

So in a nut shell, i was given no notice and now im being completely dicked around on a weeks pay and the holiday pay im owed which is about 3 weeks worth that should have been payed into my account 11 days ago. Everything pretty much went down over SMS which i have kept for the record, i just want my pay so i can forget these scumbags exist.

Can fairwork do anything at all and do i even have a case?
Absolutely. They are taking advantage of your inexperience.
Regardless of any other implications, they must give you your termination pay. PM me if you want some assistance with how to pursue this.
 

Cuzdup

Club Legend
Apr 24, 2014
1,025
1,148
AFL Club
West Coast
So they just decide, just like that, to turn you from a full time employee to a part time employee and they told you via sms???

Oh man, my place would be standing still out the front just because the pay was 11 days late, let alone the sms bullcrap

For starters you need a payout
If youre full time you cant just be made part time lol
That breaks so many rules it's not funny
I'm guessing this isn't a big business but some backyard idiots??
Exactly correct, small building company.

I contacted fairwork this morning and it turns out im entitled to the following:
Hours worked
Annual leave accrued plus loading
1 weeks pay in lieu
2.4 weeks severance pay

Fairwork suggested going through other avenues such as communication blah blah before lodging a complaint but there is definately the opportunity for an unfair dismissal case. Fairwork aren't at this stage going to contact the employer though.

I think i will write them a formal email stating i have been in contact with fairwork and you guys owe me all the above. Failure to do so ill by such and such a date I will be forced to lodge a complaint at the expense of $69.
 
May 15, 2006
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Exactly correct, small building company.

I contacted fairwork this morning and it turns out im entitled to the following:
Hours worked
Annual leave accrued plus loading
1 weeks pay in lieu
2.4 weeks severance pay

Fairwork suggested going through other avenues such as communication blah blah before lodging a complaint but there is definately the opportunity for an unfair dismissal case. Fairwork aren't at this stage going to contact the employer though.

I think i will write them a formal email stating i have been in contact with fairwork and you guys owe me all the above. Failure to do so ill by such and such a date I will be forced to lodge a complaint at the expense of $69.

Did you not contact the apprenticeship board ?
 

Cuzdup

Club Legend
Apr 24, 2014
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AFL Club
West Coast
Did you not contact the apprenticeship board ?
No i havent yet, i wasnt placed by an apprenticeship group I was offered the job directly through the business and was assigned a rep that would meet up with me every 4 months or so. Ill give her a ring though, that wont hurt.
 
May 15, 2006
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No i havent yet, i wasnt placed by an apprenticeship group I was offered the job directly through the business and was assigned a rep that would meet up with me every 4 months or so. Ill give her a ring though, that wont hurt.

Definitely do it, my young bloke is in his second year and we recently had some minor issues with a takeover of the company. They sorted everything out.

Cover your bases m8
 
Nov 24, 2007
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Go hard at them,they have treated you like s**t and when you stand up for yourself they try the bully act.
Assholes like this need weeding out

******* oath this

It never ceases to amaze me, that in the job market so many people act like coming to work for them is a privilege, when it turns out they're ******* idiots

Trust me, the FWC is your friend
 

RAPPA

Brownlow Medallist
Feb 20, 2008
15,745
31,747
Victoria
AFL Club
Carlton
Where to start - first danger for them is the general protections case they have exposed themselves to.

Based on the story you have put forward, by initially exercising your workplace right (enquiring about your pay and your entitlement to get paid your wages), your boss took adverse action that same day by unilaterally converting your employment from full-time to part-time (this in itself was a termination of employment as you lost your full-time status). The second instance of enquiring about your working hours (another workplace right) and then having your "part-time" employment terminated, was a further instance of adverse action.

This gives rise to a general protections (GP) claim. I won't set out the differences between GP matters and unfair dismissal matters, but in a nutshell, if you can show you exercised a workplace right and the employer took adverse action against you by reason of that, then the burden is on them to prove otherwise. GP claims are much more severe for an employer.

The Fair Work Ombudsman can assist you in recouping your outstanding entitlements, however the FWO will not represent you in an unfair dismissal or general protections matter (whichever course you choose). You are better placed seeking assistance from your union (if any) and you can perhaps contact the Apprenticeship authority for recommendations.

Bear in mind, from what I recall, you must lodge your unfair dismissal or general protections (involving termination) application within 21 days from the date of termination. It's one or the other - you can't pursue both.

Good luck.
 

Cuzdup

Club Legend
Apr 24, 2014
1,025
1,148
AFL Club
West Coast
Where to start - first danger for them is the general protections case they have exposed themselves to.

Based on the story you have put forward, by initially exercising your workplace right (enquiring about your pay and your entitlement to get paid your wages), your boss took adverse action that same day by unilaterally converting your employment from full-time to part-time (this in itself was a termination of employment as you lost your full-time status). The second instance of enquiring about your working hours (another workplace right) and then having your "part-time" employment terminated, was a further instance of adverse action.

This gives rise to a general protections (GP) claim. I won't set out the differences between GP matters and unfair dismissal matters, but in a nutshell, if you can show you exercised a workplace right and the employer took adverse action against you by reason of that, then the burden is on them to prove otherwise. GP claims are much more severe for an employer.

The Fair Work Ombudsman can assist you in recouping your outstanding entitlements, however the FWO will not represent you in an unfair dismissal or general protections matter (whichever course you choose). You are better placed seeking assistance from your union (if any) and you can perhaps contact the Apprenticeship authority for recommendations.

Bear in mind, from what I recall, you must lodge your unfair dismissal or general protections (involving termination) application within 21 days from the date of termination. It's one or the other - you can't pursue both.

Good luck.

Thanks for that great response. I do know they operate as a trust in WA, how will this effect things?

So far all efforts to contact these guys have been fruitless, no replies at all ti my Emails, SMS or phonecalls. Iv told them im in contact with Fair Work and will esculate things if i have to.
 
May 15, 2006
19,595
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Thanks for that great response. I do know they operate as a trust in WA, how will this effect things?

So far all efforts to contact these guys have been fruitless, no replies at all ti my Emails, SMS or phonecalls. Iv told them im in contact with Fair Work and will esculate things if i have to.

Make sure you document the time and dates you have tried to contact and keep records of correspondence.

I would expedite proceedings ASAP as dealing with your ex-employer will drag on for months, get a complaint lodged in the system with your apprenticeship rep straight away.
 

RAPPA

Brownlow Medallist
Feb 20, 2008
15,745
31,747
Victoria
AFL Club
Carlton
Thanks for that great response. I do know they operate as a trust in WA, how will this effect things?

So far all efforts to contact these guys have been fruitless, no replies at all ti my Emails, SMS or phonecalls. Iv told them im in contact with Fair Work and will esculate things if i have to.

Trusts in WA can be tricky in terms of whether State or national system applies. If it's the State, then you'll have to make an unfair dismissal claim. An assessment needs to be made of the trust arrangement itself, and who exactly in that arrangement (trustee or beneficiary) is the employer. Given there are time limits associated with the submission of an application, I would urge you to seek the necessary assistance and submit your application int he correct forum.
 

Cuzdup

Club Legend
Apr 24, 2014
1,025
1,148
AFL Club
West Coast
Just an update guys.
Apparently my pay for hours worked and annual leave outstanding will be processed on monday morning.

In her msg she says that termination at the hands of an econmic downturn can be classed as extenuating circumstances and seeking legal advice so it sounds like they are trying to get out of paying my entitlements.

I also built a shed on my property through these guys whilst working for them, payment was a week or so late but was payed in full in a single lump sum. They weren't concerned with the timing then but are now claiming they are considering charging the late payment fee which was waived at the time. Im not sure they have the right to do this now the bill has been payed which was over 7 months ago.

Im not going to reply until i see some funds in my account. If im not happy with what i see then ill get back to them with my demands.
 
Just an update guys.
Apparently my pay for hours worked and annual leave outstanding will be processed on monday morning.

In her msg she says that termination at the hands of an econmic downturn can be classed as extenuating circumstances and seeking legal advice so it sounds like they are trying to get out of paying my entitlements.

I also built a shed on my property through these guys whilst working for them, payment was a week or so late but was payed in full in a single lump sum. They weren't concerned with the timing then but are now claiming they are considering charging the late payment fee which was waived at the time. Im not sure they have the right to do this now the bill has been payed which was over 7 months ago.

Im not going to reply until i see some funds in my account. If im not happy with what i see then ill get back to them with my demands.
Hey buddy.

Regarding your employment:
Were you issued with any written warnings/ file notes that you signed?
Did they employ someone else to take on your role in the same position? I.e, were you made redundant? (either way you would have to be paid out)

Regarding the shed:
Did you have a contract for the shed that you built or was it more like a gentleman's agreement? If the finance details were in a contract that you signed, they may have been within their rights to have a lawyer write up a recision notice at your cost which would also factor in a late fee which I suspect would be interest charged at a rate specified in the contract.
 

Cuzdup

Club Legend
Apr 24, 2014
1,025
1,148
AFL Club
West Coast
Hey buddy.

Regarding your employment:
Were you issued with any written warnings/ file notes that you signed?
Did they employ someone else to take on your role in the same position? I.e, were you made redundant? (either way you would have to be paid out)

Regarding the shed:
Did you have a contract for the shed that you built or was it more like a gentleman's agreement? If the finance details were in a contract that you signed, they may have been within their rights to have a lawyer write up a recision notice at your cost which would also factor in a late fee which I suspect would be interest charged at a rate specified in the contract.
No warnings and as far as i know they didnt replace me and the shed was a gentlemens agreement even though he charged me $1300 more then the agreed price which i wore, no contract was signed.
 
No warnings and as far as i know they didnt replace me and the shed was a gentlemens agreement even though he charged me $1300 more then the agreed price which i wore
They owe you a redundancy package as well as your entitlements at the very least. Do you have a signed full time contract? It is pretty obvious that you have been dismissed unfairly given that you have received no warnings for breaches of your contract.
Regarding the shed, if you did not sign a contract and you paid in full, there is pretty much no recourse for them. It sounds like they are threatening that to try to scare you out of seeking your redundancy entitlements.
 
Apr 2, 2013
10,969
16,327
AFL Club
Collingwood
Hi people.
I have just finished year 1 of an adult apprenticeship but the last few months it has been increasingly hard to get my pay. In early January my pay (meant to be Fortnightly) was 11 days late so i cracked it and told my boss and his wife that this needs to stop. That same day i got long winded SMS saying my employment was going from full-time to part-time and was not required for the rest of week, i then asked about my parttime hours on the following friday and got a SMS on the sunday saying my employment has been terminated immediately and i should look for a transfer or a new job entirely.

So in a nut shell, i was given no notice and now im being completely dicked around on a weeks pay and the holiday pay im owed which is about 3 weeks worth that should have been payed into my account 11 days ago. Everything pretty much went down over SMS which i have kept for the record, i just want my pay so i can forget these scumbags exist.

Can fairwork do anything at all and do i even have a case?

Contact a lawyer and sue directly.

File 1: Sue for back pay plus interest non negotiable.

File 2: Unfair dismissal.

Fair Work are a Government Body who will stuff you around and go which way the wind blows.

Sue direct. Even contact a debt collection agency. Only way to defeat bullies is to stand up to them with force.
 
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