Employer refusing to pay me unpaid hours from last Year

easternculture on 26/09/2016 - 10:29
Last edited 27/09/2016 - 06:52

Have a little issue with my government employer

I recently discovered that my employer has not paid me for hrs I worked last September . I raised the issue with my manager 3 months ago and this has been going on since then. My boss says that it's from last year so it's gone now . I have evidence I worked those days and it's also documented on our internal paperwork .

I raised the issue with upper management and got a request for a meeting which I declined and emailed back for response (in yes or no) if they are paying me.

Legally what are the next steps I should take. Should I send a letter of demand and then escalate this to my local court if I don't get a satisfactory response.

Any advise will be appreciated

Is really sad to see that a government agency will try and forfeit you pay

Thanks in advance

Education & Work

closed Comments

      • WorkAround on 26/09/2016 - 13:52
        +1

        You don't necessarily require a support person though if both you and your employer can remain calm, civil and deal with the issue at hand like proper adults.

        However if you are an anxious or nervous person by nature, or the problem involves bullying/harassment at work then certainly try to find a support person for reassurance, even if it is a close family member or friend. Your support person does not necessarily have to be there to provide legal support but often their presence and reassurance can go a long way.

        Otherwise, your phone with voice recording turned on can be your support person. Note that different rules apply to video recordings (requires consent of all parties to the conversation, whereas audio is just the consent of one principal party… so you could record but your support person can't). If you are upfront with your employer about the recording, you might find they are uncomfortable and terminate the meeting before it has even started. So like I said before, if your employment relationship is already terrible and you think they might try to screw you, then certainly go ahead and record. If the recording turns out to be fruitless then get rid of it, otherwise keep it handy for future negotiations.

        • StewBalls on 26/09/2016 - 13:57
          +12

          Sorry dude, all I'm hearing is no problem StewBalls, I'll be there when you need me… :P

        • WorkAround on 26/09/2016 - 13:59
          +5

          @StewBalls: No worries just shoot me a PM since I don't check the forums regularly. :P Hopefully you (or anyone else) won't be in such an unfortunate position though. Touchwood

        • sillyguy on 26/09/2016 - 17:40

          @WorkAround: can I PM u as well?

        • easternculture on 26/09/2016 - 17:59
          -1

          @dtrang:

          Do you have a similar issue lol

        • WorkAround on 26/09/2016 - 17:59
          +2

          @dtrang: You can give it a shot and I can certainly try my best to point you in the right direction. Please remember I'm simply a law student who deals with these sorts of issues as part of my volunteering activities. If it's a complicated or complex matter you might be best seeking proper legal advice.

        • Jackson on 26/09/2016 - 23:55

          @WorkAround: can I confirm what you wrote applies in nsw? Pretty sure thats the jurisdiction we are talking about

        • WorkAround on 27/09/2016 - 00:19

          @Jackson: Yep NSW.

    • Kangal on 26/09/2016 - 13:55

      Great advice here. I was about to say the same, but WorkAround truly worded it finely and even linked to the specific clauses.

      As for the taxation, that's really not an issue.
      If you are concerned about this, you can take it to an accountant, and they will remedy it no problems.

    • easternculture on 26/09/2016 - 14:22

      Can't I bring you with me to the meeting :)

      • WorkAround on 26/09/2016 - 14:34
        +2

        I'm just a lowly law student serf. It's a sad reality though when I've seen this happen so many times as a volunteer with a community legal centre (they won't advise all government employees, only in limited circumstances).

        I'd be happy to chat further via PM if you want to but I'd suggest you have that initial conversation with upper management. Make sure you've got your facts and figures together - and find out from pay office if they acknowledge that an underpayment exists too (better yet get it in writing).

        A meeting without a support person should go fine as long as you aren't bullied or harassed. Furthermore, ask for a reasonable time to consider any offers they make (at which point you may want to seek proper legal advice). Unless they acknowledge the error and offer to rectify it in full and it's agreed upon in writing (otherwise the recording they don't know about comes in later down the track ;)). Of course if an offer is made don't mention seeking legal advice as it may get you offside.

        Also note that legal advice for $2,000 probably isn't worth it…

        • easternculture on 26/09/2016 - 14:49
          +4

          Thanks :)

          I'll definitely pm you . I've already asked them to reschedule the meeting based on the replies above so I can gather sufficient evidence and educate myself further regarding fair work act.

          Workaround has made a great comment and this has been very very helpful . In fact all your comments have been in this thread.
          I'm lucky that there are people that do care on the forums

        • WorkAround on 26/09/2016 - 14:55

          @easternculture: there isn't so much to educate yourself on re: the Fair Work Act. It's a bit more straightforward for underpayments compared to say an unfair dismissal.

          Just make sure you've got your evidence, supporting documents and calculations together as these are the areas where an underpayments claim usually fails e.g. You can try prove the hours worked because of no time sheets. Triple check your award rates to ensure you haven't calculated overtime the wrong way e.g. For some awards you get 1.5x pay for the first 2 hours of overtime on that day then 2x for any subsequent overtime hours worked that same day.

        • easternculture on 26/09/2016 - 15:01

          @WorkAround:

          We keep records of sign on sheets for 7 years.

          Thanks for your advice , really appreciate it

        • WorkAround on 26/09/2016 - 15:07
          +3

          @easternculture: that's good news if you've got access.

          After that it comes down to interpreting your award correctly and doing the calculations.

          Like I said before, if payroll have acknowledged the underpayment get that in writing.

          Also just to be sure you're not under a contract right? You said you're covered under an award but sometimes if there is also a contract, it may allow for "reasonable overtime as required" which is a very grey area. If this is the case certainly feel free to PM me. But usually it's a catch-all to cover the employer and difficult to challenge.

          Edit: just remembered under the Fair Work Act and accompanying Regulations an employer has to keep records relating to employment for 7 years and produce them upon request. So if you can't get time sheets just give me a shout and I'll dig up the appropriate sections and regulations.

          Please note (again) that suddenly challenging your employer with law and legislation can turn the situation adversarial very quickly, so I'd recommend trying to sort it out amicably if possible. Especially if you're not looking to change the jobs any time soon.

        • Serapis on 28/09/2016 - 22:41

          @WorkAround: Hey nice work dude, but there's a bit of a jurisdictional issue here as well. As he mentioned 'award', I'm under the impression he is a state sector employee rather than federal. State sector employees (NSW for instance) are not bound by the Fair Work Act 2009 (Cth) + Regs (with exception of notice and parental leave from National Employment Standards) but rather by their own state laws and awards.

          Also, since i think OP's claim relates to unpaid overtime… need to be aware under the FW Regulations it is not a requirement to document it if it is incorporated into a salary. Organisation only required to document it if 'a penalty rate or loading (however described) must be paid for overtime hours actually worked by an employee' (REG 3.34).

          In light of the above, and for the sake of peaceful resolution, would not recommend quoting any sort of legislation as it is complex. Your comments on keeping this as amicable as possible is excellent advice, though I would be careful with the bit about recordings as there can be repercussions from the organisation if they are not used correctly or get leaked.

        • WorkAround on 04/10/2016 - 10:29

          @Serapis: Ruh roh, you are right in regards to state government employees at the Fair Work Act.

          In regards to overtime and reg 3.34, it says an employer may not be required to document specific overtime hours to which loading applies. In a law student's utopia (i.e. mine) I'd like to think that an employee could still prove working consistent overtime hours if they have regular time sheets adding up to more than "38 hours/week + reasonable overtime as necessary". I haven't received a PM yet though but I can try to cross that bridge when I get there in terms of the award terms/other state legislation. Very good catch though! If what other posters are saying about requiring management sign-off before undertaking overtime hours etc. it might be harder for EC to gain anything tangible/monetary…

          Yes, recordings are extreme and a suggestion for adversarial? toxic? workplaces where you have that feeling in the bottom of your stomach that being pulled into a meeting without sufficient notice usually means bad things. :( Repercussions exist if you misuse them (like most things in life) but hopefully it never comes to that.

          Side note: as a law student it's sort of ironic discussing "reasonable overtime" hours when I've signed up to a pretty terrible profession in terms of work/life balance.

    • cloudy on 26/09/2016 - 19:31
      +1

      I'm amazed you can take in voice recording device and record the conversation without the parties consent or even knowledge.

      I might add EC, legalities aside, in practice if these meetings turn sour, you might win the battle, but it may start a war.

      I used to sit near people who help and deal with employee issues (between them and their direct managers), and all the really nasty ones always start off with small issues not dealt with in a civil and reasonable manner. Bringing in covert recording tactics is certainly pushing the "civil" boundaries.

      Just my 2 cents

      • StewBalls on 26/09/2016 - 19:47
        +1

        I'm amazed you can take in voice recording device and record the conversation without the parties consent or even knowledge.

        Agreed, if true that's actually quite concerning from a privacy perspective…

      • WorkAround on 26/09/2016 - 20:02
        +3

        You only need to have one principal party to the conversation to have knowledge and provide consent. I believe the legislation is to enable people to protect themselves where there is a severe power imbalance between the parties e.g. if you are being bullied or harassed at work you are well within your rights to record that bullying/harassment as evidence regardless of whether the transgressor consents or not. Then if you decide to lodge an official complaint and you're called into a meeting with that same manager and it turns out they just further abuse you whilst HR/the boss sits there refusing to do anything… you've got evidence to back yourself.

        As sad as it is sometimes companies will do their best to sweep things under the rug. As an aggrieved individual there's not much you can do if colleagues or HR/the company refuse to acknowledge the issue and back you on it.

        Section 3(1)(b)(i) allows you to record a conversation if it is to protect your lawful interests, or alternatively under Section 3(1)(b)(ii) you are allowed to record a conversation if it is not made to share the conversation with a person who is not a party to it. Either way if you believe management is going to try and stuff you around in a meeting, record it. If it turns out to be an innocuous meeting then go ahead and delete it. Otherwise if you do anything else with the recording you may be in breach of Section 7(1) which results in a fine of 100 penalty units ($11,000) or 5 years imprisonment (but of course any punishment is at the court's discretion). A quick search will show the ambit of "lawful interests" and trying to resolve a dispute in an employment relationship where the employer refuses to provide anything in writing is certainly one of those situations. If the employer was happy to reply via email and provide concrete evidence then this would not have been an issue.

        Re: "civil" boundaries I've mentioned trying to preserve a workable employment relationship numerous times. Sometimes legal advice =/= life advice so it is up to the individual to weigh their options carefully and how hard they wish to push said boundaries. If an employer refuses to acknowledge and rectify an employment issue then the civil boundaries may be long gone anyway… but it's hard to say until EC has had that meeting and chat with upper management to see how they approach it. You would only go in with intentions of recording the conversation if you knew your boss was a c**t and would try to stooge you out of whatever unpaid entitlements or workplace rights you were trying to claim.

    • EyesWideOpen on 26/09/2016 - 23:03

      Hmmm…Is there a "add friend" feature here somewhere? Site owner / moderators note please. :D

    • tsimop on 27/09/2016 - 00:16

      I appreciate your well-referenced answer!
      Would you say that you learnt most of this from studying at law school, or from your experience in volunteering?
      I'd be interested if you could point me in the direction of any materials you think are a good foundation for someone who hasn't studied law (lecture notes, textbooks etc).

      • WorkAround on 27/09/2016 - 00:38
        +1

        It's been picked up from volunteering actually - I haven't studied employment law at uni yet (or even privacy law if that's an elective). I'll be honest in that I'm not the best law student and since I've gained an interest in volunteering I spend more time volunteering than studying which isn't good news (for my marks at least).

        I guess the only resource I'd recommend for a layperson would be The Law Handbook which can be accessed online in PDF. I'm hesitant to recommend any specific textbook because I find them to be pretty fluffy and impractical in terms of finding a practical, real-world solution or answer to an issue. It may work in theory straight from a textbook but it won't always be so in reality I imagine. If you find that you have a specific interest in a certain topic from reading The Law Handbook, the have a Google for the course outlines for equivalent subjects from universities (such as USyd/UNSW/UTS/Macquarie) and see what prescribed textbooks they have for those electives. If you look on Gumtree or second hand textbook websites like StudentVIP you should be able to find used copies (or even older editions) for much cheaper than brand new.

        Yes I do learn things from university but I find the knowledge retention to be much better when I've had a chance to work on real matters as it sticks easier in my mind if I can put a client's name to the issue and what the solution/applicable law was. Different strokes for different folks though.

        • JH100 on 27/09/2016 - 12:42

          "I've gained an interest in volunteering I spend more time volunteering than studying"

          Could be an indicator of how you would best proceed in your career, though do get that piece of paper saying you can do it - law.

          Well done on your advice here, and your volunteering.

        • EyesWideOpen on 27/09/2016 - 15:55

          Thanks for the effort to type this all out. It is very informative. Good on ya with the volunteer work!

        • tsimop on 03/10/2016 - 22:31

          I'm in SA, so I found the SA version & I will have a more thorough read when I get around to it.
          The NSW one has a nice PDF for each chapter, but I have to browse every sub-page of the SA one (or I can 'print' each section of a chapter).
          Thanks!

    • belongsinforums on 28/09/2016 - 18:16

      But what if EC wants all the parts from MSY?

    • arcticmonkey on 28/09/2016 - 19:06

      That's a fantastic work around.

    • Serapis on 28/09/2016 - 22:35

      Though this assumes OP is in NSW…

  • vicosads on 26/09/2016 - 13:42
    +1

    why did it take a year to realize?

    • easternculture on 26/09/2016 - 14:28
      -3

      Again can't go into detail just incase boss is on ozb

      • StewBalls on 26/09/2016 - 14:59
        +18

        You'll wanna hope he's not an OzB'er, he'll haggle your underpaid OT down to a 4-pack of Eneloops…

      • chumlee on 26/09/2016 - 15:06
        +11

        You should have started you original post with "I'm asking for a friend of mine".

      • suicine94 on 27/09/2016 - 16:25
        +1

        What if your boss is JV

  • sillyguy on 26/09/2016 - 17:42

    I dont see you winning this war. Just go to court already and update with more details… good luck

    • easternculture on 26/09/2016 - 17:58

      Lol Want to try and avoid court. Based on WorkArounds info, I would win the case. Even if I wanted to take them to court, I would still need to show them I tried to resolve the matter internally

      • kywst on 27/09/2016 - 19:24

        You wouldn't get to court without first going through mediation. Do not fall into the trap of thinking that you're a lawyer if you're not.

        • easternculture on 27/09/2016 - 19:29

          Yes I know. It's try to resolve with employer , then mediation via FWO and finally small claims court

  • [Deactivated] on 26/09/2016 - 18:25

    I am fairly certain you guys are in a union who also negotiate your salary?

    I would show up and just record the meeting on my phone.

  • Donaldhump on 26/09/2016 - 20:04
    +3

    Chuck some sickies, self justice

  • CandyMan on 26/09/2016 - 21:06
    +3

    Are you a member of your union? They can be a support person and/or a legal representative

    Do you have an award? What does it say about underpayments and overtime

    Is your boss going on leave? Wait till your boss is on leave and then get another manager to sign it

    When I had a pay dispute in the past that was turning sour I asked human resources who said they were happy to speak to my manager. A few minutes later my manager brought a form to me and asked me to sign it and sorted it out

    Good luck!

  • poppit88 on 26/09/2016 - 22:13
    +4

    Did you actually request approval to work overtime? Ie: Email your Manager and request permission? Because if I was your manager and you came to me asking for payment of overtime from last year, I don't think you'd like the conversation we would be having.

    And if you were in private enterprise, I don't ever recall such a thing as overtime……. EVER!

  • outlander on 26/09/2016 - 22:42
    +1

    You have to be very careful if you plan to record things. I can't find it, but I read a very good whirlpool post about how it can be used against you in an unfair dismissal case. More information here

  • AlanHB on 27/09/2016 - 07:50
    +2

    I've been working for the government for a while now. I've never claimed overtime, but I understand the process is that you need to have it approved prior to doing the extra hours.

    To get the approval, you need to demonstrate a business reason that requires you to stay back later, or come in on a weekend.

    Most people who work extra hours simply claim it on flex or toil (ie. You get time off work).

    With the above in mind, I'm not exactly sure what steps you took to have the overtime approved prior to doing the extra hours.

    • zzzsianzzz on 29/09/2016 - 00:28
      +1

      I think EC's manager would have known whether there is enough cash to pay him out, if the person has some budget. if there's not enough cash it usually comes down to TOIL or it might be up for grabs for those who wants to accept TOIL for that work you did before.

      And the books would have closed for most or all organisations, I dont think they are able to use existing allocated funds to pay for last FY work.

      Its also a year since that then. I think it might be better to suck it up and take TOIL, instead of having meetings. Think you might end up wasting more time and also getting a higher tax this FY. :)

  • Jackson on 27/09/2016 - 07:53

    Just some advice, I was in a similar situation a few years ago, and the take homes from my experience were that HR is there to represent the organisation (not you), many bosses are either just dumb about these situations, or have gotten away with it so many times they don't think they are doing anything wrong or dont care because they harbour personal animosity against you, or are just plain belligerent. Fair work mediation will end up being something where both parties agree to something less than what they initially wanted (even if one person is in the right and one in the wrong) and you will have to drive your case if you want a good outcome. Lastly often a good outcome involves you going somewhere else for both parties).

  • aussieprepper on 27/09/2016 - 10:37

    Hey mate good on you for fighting!
    You should be fine to go into the meeting alone! Just record the conversation or even better ask that it be videoed?

    My guess is the boss is a goober and you do not want to have to deal with them?

  • snook on 27/09/2016 - 13:30
    -6

    jeez, it's 2k and it's a year old.
    You spend enough time on OzB during the day to be cause for dismissal.
    Let it go.

    • easternculture on 27/09/2016 - 13:41
      +1

      I never browse ozbargain when I'm at work

      Only via my phone on my breaks

      • [Deactivated] on 27/09/2016 - 14:13
        +1

        You want to make sure you're squeeky clean on anything that could get you fired for cause. It seems like that's the most likely outcome if you create a fuss. Other activities (apart from ozb surfing) might include:

        • telephone/printer/photocopier use for personal purposes
        • stationary misappropriation
        • easternculture on 27/09/2016 - 14:52
          +1

          I'm clean and professional at work

          And it's very hard to get fired in a government job unless you do something really stupid . I know people who have done things that would get them fired on the spot in the private sector that still are working with us

        • [Deactivated] on 27/09/2016 - 18:59

          @easternculture:

          I know people who have done things that would get them fired on the spot in the private sector that still are working with us

          Employers (both public and private) will tolerate some level of incompetence and policy breaches, but my point is that creating trouble for management like Fair Work Australia claims or court cases, they'll crack down on the minor policy breaches and fire you.

          It's just human nature.

          Sure, you can commence unfair dismissal proceedings against them and you'll probably win, but the emotional tolls of these things is very high and the vast majority of cases probably settle at a small fraction of what you might be entitled to.

        • easternculture on 01/10/2016 - 00:17

          @sp00ker:

          Yeh ok mate

      • snook on 30/09/2016 - 11:04

        then you have a hell of a lot of 'breaks'

        As Sp00ker says below - once there's a problem, they will pull everything and anything out against you. I know, i've seen it.

        • easternculture on 01/10/2016 - 00:16

          Lol , you don't know what your talking about man

  • outlander on 27/09/2016 - 17:19

    I'm on your side easternculture. Fight the power!

  • ozbargainer888 on 27/09/2016 - 17:59

    would you be open to time in lieu instead? Award or not, that's easier to ask for often than actual payment. I'd get that granted and then take off the time soon so no backsies!

    • easternculture on 27/09/2016 - 19:31
      +3

      I prefer the money :) to buy more eneeloops

  • PVA on 27/09/2016 - 18:09

    Email your managers manager, email HR, contact your union, contact fair work australia (call them , they are really good).

  • Serapis on 27/09/2016 - 18:19
    +1

    Are you state or Federal government? Plus which state did you work in?

  • subywagon on 27/09/2016 - 20:30

    Have you tried bikies yet??? Your local club house should be your first port of call…

  • DiscoJango on 27/09/2016 - 20:40
    +2

    Entitled opinionated employee is offered the opportunity to sit down and discuss the problem like an adult, denies invite and instead starts making demands. Entitled opinionated employee is now confused why company is being difficult to deal with.

    • easternculture on 27/09/2016 - 21:31

      If it was a gray area , I would have jumped on to the meeting.

      Where I work it's all documented and recorded . There is no gray areas . It's all clear. There are records showing I worked those days. My pay checks do not show me being paid those days. Manager doesn't want to pay me because it's from last year and says what's gone is gone, that's the reply I got when I confronted him.

      • AlanHB on 28/09/2016 - 07:07
        +1

        But it looks like you didn't get the overtime approved prior to doing it. Is this correct?

        • easternculture on 28/09/2016 - 07:29

          It was approved by him lol

        • AlanHB on 28/09/2016 - 08:13

          @easternculture: If you have record of him approving it, you shouldn't need him to sign off on anything else.

        • easternculture on 28/09/2016 - 08:19

          @AlanHB:

          Our payroll is very complicated

        • AlanHB on 28/09/2016 - 10:11

          @easternculture: It seems to me like some information about your situation is not being put forward.

    • Vanit on 28/09/2016 - 18:08
      +1

      You do realise he's literally entitled to be paid, right?

  • ronnknee on 27/09/2016 - 23:31
    +3

    Something something Amaysim referral credit.

    • easternculture on 28/09/2016 - 10:18

      Still waiting for the something something groupon referral credit comment

  • cockneylondoner on 28/09/2016 - 06:37
    +2

    My experience and advice for what it's worth.
    1. Take the matter up with your Union if you're a member.
    2. If not, write politely and ask for an explaination why you haven't been paid. If it's like my experience with an Australian Government Dept they'll either ignore your request or at best tell you to phone them!! By phoning you don't have proof of the conversation unless you put it in writing. If necessary follow up (say every 14 days) your original request not forgetting to keep copies of your letter(s).
    3. If you're offered a meeting, take it. You don't need someone to act as your witness.
    4. Whatever is said and/or agreed at a meeting you should consider CONFIRMING IT IN WRITING. In fact, in any dispute, ALWAYS consider confirming the facts in writing. This is your proof of your understanding of the events should it be necessary to take the matter further.
    5. Taking your employer to court can be a risky business and you'd be better off leaving your job, whether you win or lose, because you'd have no future there.

    • easternculture on 28/09/2016 - 07:40

      Based on the law and evidence I have, I would win in court

      I don't really care about my future there, we also have a high turnover at my workplace that in 2 - 3 years time it will be forgotten

  • pyramid on 28/09/2016 - 07:24

    EC,
    Did you get approval to work and charge overtime? Or it's your decision to work over time. Second, did they offer you time in lieu for overtime?

    Your supervisoray not be budging cause he can't pay unapproved overtime.

    • easternculture on 28/09/2016 - 07:38

      Everything was approved

      • pyramid on 28/09/2016 - 07:40

        And did they offer time in lieu?

        • easternculture on 28/09/2016 - 07:41

          Nope. Overtime was offered and I accepted. It's all documented internally

        • denuto on 28/09/2016 - 12:47
          +2

          @easternculture: If it IS all documented then you shouldn't have a problem. Assemble the documents that show that the overtime was offered and that you accepted, add the documents that establish that actually did the overtime, then present everything to your manager (who we would assume is the person who offered the overtime) and ask him/her to arrange that you get paid for the overtime worked. Simple enough - and irrefutable.

        • AlanHB on 28/09/2016 - 15:56
          +2

          @denuto: I reckon that's the issue - it really is as straightforward as you put it.

          That's why I think there's a side to the story that's missing.

        • pyramid on 28/09/2016 - 20:10
          +1

          @AlanHB: yes indeed. I always think that all issues have two sides. EC is not telling complete story.

  • mrgeckoz on 28/09/2016 - 20:36
    +1

    i thought government would usually pay properly！

    • IMadeYouReadThis on 29/09/2016 - 10:35
      +1

      not sure why you were negged, brought you back to level.

      you're welcome ;)

      • mrgeckoz on 29/09/2016 - 10:38

        hahaha I didn't even know. Thanks mate!

  • justaverage on 28/09/2016 - 22:21

    I had a similar issue at my work. Was approved to work up to 20 hours a fortnight. After a few fortnights got questioned why i was working so much. Gave them evidence which proved all the work i had done etc and they were happy

  • zeckem on 28/09/2016 - 23:36
    +3

    similar thing happened to me, except I took the meeting and they sorted it and with the internal proof I got paid. I was young at the time and was thinking of just rejecting the meeting and asking them for a straight answer via email, but my colleagues told me it would be rude to reject a meeting from upper management/and asking them straight. Lucky I didn't become bitter and difficult about it and took their advice. because now looking back I'm glad I took that meeting. had I made a mistake, I would have apologised and set up that meeting again and then it would've been sorted. If not, and they were straight out refusing to pay, I would then consider my options of taking it further.

    • BartholemewH on 29/09/2016 - 07:25

      Thanks captain!

      (lol j/k I guess its not obvious to OP).

  • [Deactivated] on 29/09/2016 - 02:08

    Just go to the meeting.
    Tell them everything you've said here:

    It was approved. I did the work. Was signed off. Wasn't paid.

    Have asked about pay and been told 'what's done is done'.

    Doesn't sound unreasonable.

    If nothing prevails, go to HR and ask who you have to speak to. Sit down with that person and repeat steps above.
    Your boss would rather fix this problem before HR comes after him or a union starts harassing HR because of your boss's laziness.

    Basically as soon as you go to the HR manager this will be fixed up immediately.
    Don't stress too much. Just speak to HR.
    I would think that their meeting is is probably involving HR anyway and they just want details.
    People working for government organizations (espcially managers), don't want stuff like this tarnishing their resume on the government cruise to 100K pa.

  • ceebee on 29/09/2016 - 04:04
    +2

    Are you in the Union? My brother works for the Govt, and he says to contact the Union, and ask them what they think you should do. It is their job to guide and advise you. Depending on this, they will probably tell you to go to the meeting alone, or with a Union representative there. Reschedule the meeting and do this and see what they say. It may get settled there. As others have said, if they still refuse at this point, the Union can escalate for you by offering legal aid most of the time.

    He says don't go to HR. HR is not your friend, they are not on your side even if they pretend they are. HR always has the company (in this case the govt's) best interests at heart always, not the people they are meant to be assisting. If you do go to HR, don't say anything that can be used against you and be pretty wary of them. Good luck.

  • brad1-8tsi on 29/09/2016 - 10:19

    First thing I'd do is talk to my union delegate.

    If you aren't in a union then your on your own.

  • Skramit on 29/09/2016 - 14:12
    +3

    Wow @ this thread. Spoilt/Entitled/arrogant much?

    Declining the meeting is basically where the story should have stopped. Accept the meeting and be a man about it.

    This is like those threads where people ask why company X charged them Y amount but haven't actually bothered to speak to company X to ask before putting a huge whinge thread on a forum about how bad company X is. Moronic. And in this case OP actually declined the meeting offer. Sigh.

    • theguyrules on 30/09/2016 - 11:14

      To be fair, after seeing how EC communicates on Ozbargain, a meeting probably wouldn't have worked well in his favour anyway.

  • borgsta on 29/09/2016 - 16:54

    Attend the meeting, it looks quite suss that you have denied it. Just make sure you cover yourself at it

  • Davo1111 on 29/09/2016 - 18:49

    are you a contractor?

  • Plug on 29/09/2016 - 21:03
    +1

    Please state which Govt organisation is involved. Might help.

  • Cadal on 30/09/2016 - 09:01

    I would just go speak to HR. Unless your a contractor then it's probably procurement/your agent. In addition accepted the meeting as long as I had evidence or knew the manager.

  • grasstown on 03/10/2016 - 18:23

    I just find it so shifty that in your original post you say you've not been paid for hours you worked, instead of saying you have not been paid overtime. You don't mention that it was approved in your original post either. It's such a waste of people's time to extract this from you. Then you say it was approved, and I presume verbally? Then you say in your original post that you raised it 3 months ago. Do I assume that you raised it last September also? Or do I assume that you raised it 3 months ago for the first time, that the approval was verbal, and that it suited you not to raise it until 3 months ago as you have nothing to lose now and you have already benefitted from your bosses goodwill. I can't be bothered

  • Hardlyworkin on 04/10/2016 - 13:12

    It all looks like pretty cut and dry case… oh wait we only have 1 side of the story!

    Have you had the meeting yet? What does the dispute resolution clause in your agreement or award include for these situations? To discuss with upper levels of management until it is resolved? ie. By having a meeting?

    Good luck to you if you head for the private sector after this…

  • easternculture on 04/10/2016 - 13:18

    Please close mods

    Thank you all but mostly to WorkAround as he was able to provide me with the info I needed most.

    Hope it's ok if I pm you next week @ WorkAround

    Thank you all who provided positive comments

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