Hi everyone.
I am writing this post in hope that someone knows about work entitlements for Hair Dressers.
I have been working part time as a Senior Hair Dresser for this company for almost two years and never taken any annual leave.
As I plan to quit soon, I asked whether I could claim my unused annual leave.
The owner has told me that, as I am a part time worker, I do not accrue any annual leave.
Is this correct? What should I do? I live in NSW.
Thank you in advance!
Did your boss pay your super?
Give the busi ess an opportunity to pay your entitlements. If the boss refuse, contact Fairwork in your state. I am sure your boss will be worried if contacted by fairwork.
You should never agree to lose your entitlements.
Start paying yourself out of the till and start accumulating hairdressing sundries
There are always 2 sides to a story. I suspect the agreement might have been the employee will be paid some cash jobs and in return loses his leave entitlements. Then for some reason there's a dispute, employee quits, spits the dummy and start asking for entitlements.
I find it hard to believe someone who has been working for 2 years hardly get a payslip, never questions about the entitlements.
Sounds like another small business owner who had no idea on running a business correctly.
Employment law in this country is actually complicated.
There are employment contracts, the National Employment Standards (NES), Modern Awards (like the Hair and Beauty Industry Award 2010 that the OP would be covered under), Union agreements, Enterprise Bargaining Agreeemnts etc. All of these spell out different conditions and employers are not employment law specialists. Small business owners cannot get expensive lawyers to help and even big companies such as 7-11 get it wrong (accidently or on purpose - but that's another matter).
The difference between part time and casual is something that many employers don't get right.
Being a small business owner in Australia is difficult as it is. Staffing issues are one of many things (e.g. accounting, payroll, tax, actually managing the business, IT, expense management, HR).
I think OP's attitude is great - give the employer a chance to look at the facts and it is most likely that they have no idea of the Employment conditions in the Modern Awards and are confused. i find that giving people a chance after informing them of what might be wrong, being assertive and a good attitude helps any situation.
You don't need a lawyer to read awards relating to your business, it will take an hour at most.
Let us know how this turns out :)
I am a part timer (clerical job) and I work 20 hours per week and I am entitled to 4 weeks paid annual leave and they pay me 20 hours @ 4 weeks (as opposed to full timers that receive 40 hours annual leave pay @ 4 weeks).
Thats correct. full timers work 40 hours a week, so they get paid 40 hours @ 4 weeks (being the wages they would have got had they worked those 4 weeks)
You receive annual leave as if you had worked those 4 weeks, so you would have been paid 20 hours for 4 weeks.
Did you / have you got a payement summary at the end of finaincial years? and is the money the same as what you've actually been paid? You should check that, because if its showing less, it means they might be pocketing some of the 'tax' that is taken out.