Can my employer do this?

[Golden_6]

So I've been working Sunday's at a local bottle shop for the past 18 months whilst also studying. I was able to do a vacation program that went over last couple of months full time and only finished last Friday

I only took the program with the provision of keeping my bottle shop job. One of the other guys was happy to cover it for 7 weeks with no problem and everything was fine. I was due back at work this Sunday and just received a text from the manager saying they have found someone else and that I have the option of 2 more sundays left and my annual leave paid out.

Can they do this? What are my options?

 

[Quivorir]

2 more sundays left and my annual leave paid out.

 

[MrsEddieBetts]

So I've been working Sunday's at a local bottle shop for the past 18 months whilst also studying. I was able to do a vacation program that went over last couple of months full time and only finished last Friday

I only took the program with the provision of keeping my bottle shop job. One of the other guys was happy to cover it for 7 weeks with no problem and everything was fine. I was due back at work this Sunday and just received a text from the manager saying they have found someone else and that I have the option of 2 more sundays left and my annual leave paid out.

Can they do this? What are my options?

Are you casual or part time?

 

[NotAMagpieBogan]

At least he's not calling you buddy

 

[Golden_6]

Well the business is a bit of a shambles and I get the part time rates (annual leave etc.) but only work 9-15 hours varying on a weekly basis.

 

[MrsEddieBetts]

Well the business is a bit of a shambles and I get the part time rates (annual leave etc.) but only work 9-15 hours varying on a weekly basis.

Did you get your leave approved, i.e. inform them that you needed Sundays off and they covered the shifts? What process did you follow to take the shifts off?

 

[Golden_6]

Nope. There's only 6 employees and we all just cover our shifts amongst each other when required. The manager was present and she okayed it verbally but the problem is that she's Asian and doesn't understand things sometimes. I tried explaining the reason why I wouldn't be working and she said that's fine but may have not fully understood.

 

[Gough]

Speak to your union comrade.

 

[SmAshmoto]

Shoot an email to the Fair Work Commission. They're actually very helpful (a rarity for a government department) and should be able to answer your questions and tell you what you are and aren't entitled to in this situation.

https://www.fwc.gov.au/

 

[MrsEddieBetts]

Nope. There's only 6 employees and we all just cover our shifts amongst each other when required. The manager was present and she okayed it verbally but the problem is that she's Asian and doesn't understand things sometimes. I tried explaining the reason why I wouldn't be working and she said that's fine but may have not fully understood.

She may have considered your absence Abandonment of Employment.
Did she try to contact you during your absence at all?

 

[Lebbo73]

Well the business is a bit of a shambles and I get the part time rates (annual leave etc.) but only work 9-15 hours varying on a weekly basis.

Tell your manager she is a campaigner for informing you by text. Threaten her with somes sort of legal angle just to make her crap in her pants.

 

[MrsEddieBetts]

Golden_6 you will be able to lodge a claim for unfair dismissal if you can show that you have not abandoned your employment, i.e. it was 'standard business practice' to have shifts verbally covered, you have responded to any methods to contact you, etc. You can only lodge this claim once the dismissal has taken effect and you no longer have shifts there. This must be done within 21 days of your final shift.

 

[Bomberboyokay]

Speak to your union comrade.

Small business means he didn't join one #hindsight

 

[Golden_6]

She may have considered your absence Abandonment of Employment.
Did she try to contact you during your absence at all?

Not at all. No contact. As the 2 owners and manager have all only been living in Australia for a couple of years they don't have a good understanding of the fair work laws. We were being paid below award rates for a while until we sorted that out.

I just don't know whether I have a genuine legal case or not because I took 7 weeks off without any 'formal' approval.

 

[MrsEddieBetts]

Not at all. No contact. As the 2 owners and manager have all only been living in Australia for a couple of years they don't have a good understanding of the fair work laws. We were being paid below award rates for a while until we sorted that out.

I just don't know whether I have a genuine legal case or not because I took 7 weeks off without any 'formal' approval.

You might be able to get it through based on standard business practice--whereby if there's no formal policy or procedure, and you can demonstrate that that is "just how things were done", then it holds up just as much as a policy or procedure would. Hope that makes sense.

 

[BotsMaster]

Nope. There's only 6 employees and we all just cover our shifts amongst each other when required. The manager was present and she okayed it verbally but the problem is that she's Asian and doesn't understand things sometimes. I tried explaining the reason why I wouldn't be working and she said that's fine but may have not fully understood.

Get peternorth to have a chat to her. He'll sort it out for you.

In the mean time I would consider switching employment to a job that requires you to wear a high vis vest and to drive a Holden/Ford ute.

 

[edgie]

You know I find the biggest bogans drive something physically big, like a Nissan or Toyota.

 

[The Lemon]

As the 2 owners and manager have all only been living in Australia for a couple of years they don't have a good understanding of the fair work laws.

Oh they know the laws.

They getting an Indian at $3/hr

 

[Brad Goodman]

I'm guessing they're probably dodging their taxes as well. Report them to the ATO.

 

[The Lemon]

I'm guessing they're probably dodging their taxes as well. Report them to the ATO.

This. Report the ****ing mutts

 

[peternorth]

Get peternorth to have a chat to her. He'll sort it out for you.

In the mean time I would consider switching employment to a job that requires you to wear a high vis vest and to drive a Holden/Ford ute.

thanks for the tag turtes!

as for the OP, a sad state of affairs. you mentioned she's asian. Can you be more specific? Need to know before giving advice

 

[SwampCreature]

Op, let them do this.

 

[little graham]

So I've been working Sunday's at a local bottle shop for the past 18 months whilst also studying. I was able to do a vacation program that went over last couple of months full time and only finished last Friday

I only took the program with the provision of keeping my bottle shop job. One of the other guys was happy to cover it for 7 weeks with no problem and everything was fine. I was due back at work this Sunday and just received a text from the manager saying they have found someone else and that I have the option of 2 more sundays left and my annual leave paid out.

Can they do this? What are my options?

Dog act mate. I wish you well. maybe instead of wasting your time with these campaigners, go submit your resume at every other bottle shop or retail department withing nuclear bomb distance?

 

[BALKAN]

Not at all. No contact. As the 2 owners and manager have all only been living in Australia for a couple of years they don't have a good understanding of the fair work laws. We were being paid below award rates for a while until we sorted that out.

I just don't know whether I have a genuine legal case or not because I took 7 weeks off without any 'formal' approval.

Lol @ thinking they don't know the rules and that paying you unders was an innocent mistake

 

[IschenkoUBeauty]

Rack a shitload of grog from the joint in your last shift. And if they try to stop you, threaten to blow the whistle on them to the ATO and also threaten to have them deported.