How to Work out if There Was Wage Underpayments?

GINGUY578789 on 25/12/2021 - 02:43
Last edited 25/12/2021 - 06:32 by 1 other user

Hello,

I recently won an unfair dismissal case by taking a former toxic employer to Fair Work Australia.

However before going there to FWA myself (not with a lawyer as I was able to explain and bring my case myself to save $$$) I did talk to an employment lawyer on the phone who also said that I was being underpaid/wage underpayment etc for the salary that I was on and they were going to add that as part of the claim. I did not get much information on the who/what/where/why of how this was wage underpayment at the time and just was intrigued that they said this. They said that it was below some award or a minimum etc.

I decided against using the lawyer to save $ and also then did not add this part about the potential wage underpayment because the main thing to me at the time was the unfair dismissal.

Now, I want to take this further and look at the wage underpayment.

How do I find out if it was wage underpayment/wage theft etc?

Is there a way? A organisation to help? I just don't know how to find out.

Trying to do this myself to save time and $

Thank you

Education & Work

Comments

  • bobbified on 25/12/2021 - 08:59
    +11

    How do I find out if it was wage underpayment/wage theft etc?

    I decided against using the lawyer to save $ and also then did not add this part about the potential wage underpayment

    Go back and ask the damn lawyer about it!!

    • GINGUY578789 on 25/12/2021 - 18:23
      -2

      No worries. I may well do that. I have a young family. I am not exactly able to just fork out the $$$ for a lawyer. As I said I looked into using one and then reaised for $77 FWA fee I can do it myself and I did do it all myself and I won my case and had a big victory…now Im going back for more. Thanks. Might look at what the costs were again but before it was about 4K for not a lot and as I said I was able to do a lot for $77 and my time. Thank you

  • Zephyrus on 25/12/2021 - 09:01

    You can tell Fair Work and they can go through it.

    Basically it'll either be your rate was low for the award or you were on a salary and worked enough hours that you were under the award rate. Probably the second one from your post.

    Maybe some other condition of the award (e.g. driving expenses) wasn't applied right.

    • GINGUY578789 on 25/12/2021 - 18:25

      True, my initial memory of the conversation with the lawyer was around this. I should have kept better notes but wasn't after the $ then. I think you are on the money here. I might go back to FWA as you say and ask these questions, perhaps I've missed the boat and should have done this together at the time however I was caught up in unfair dismissal and had a lot to go through. Cheers

  • jizmo on 25/12/2021 - 09:14

    Lot of government initiatives to hire apprentices. New election or they need to take attention off something else and raise the initiative WHAMO who gets the bullet all of a sudden. Or if you do manage to make it to the end the free hand outs stop all of a sudden your doing something wrong.

  • orangetrain on 25/12/2021 - 10:08

    To work out if there was wage underpayments, what was your average hours per week and which award agreement? If unsure, use fairwork's? https://portal.fairwork.gov.au/find-my-award

  • pharkurnell on 25/12/2021 - 11:43
    +2

    interested in your win.

    so you won your unfair dismissal case.. What did you get ? Your job back? payout?
    I've never seen getting the job back to be a win, as they would make your life miserable till you left. Just interested thats all.

    • th123 on 25/12/2021 - 15:00
      +1

      I doubt anyone wants their job back at the place they got unfairly dismissed.

      AFAIK it's a pay-out. I heard from someone that they got $15k for an unfair dismissal but this probably scales based on pay at the time.

    • GINGUY578789 on 25/12/2021 - 18:30

      I was sacked.
      Wont go into much as it was a horrible toxic family business job full of horrible people and crap processes but I took them to FWCA and stated my case (wrote over 10K words with key points/facts/info - all evidence) and had them apologise, reverse the dismissal, a payout and a few other things. Was very proud of myself. I am so happy to be out. It was hard but rewarding to win.

      • pharkurnell on 25/12/2021 - 19:32
        +1

        So reverse dismissal - got your job back?
        this is the bit I dont understand fully in these cases.

        • GINGUY578789 on 27/12/2021 - 07:47

          They had to rescind it but lol there was no way I was going back there. Haha

  • El cheepo on 25/12/2021 - 12:28

    https://www.fairwork.gov.au/pay-and-wages

    Check the award rates and conditions of your job and go from there.

    • GINGUY578789 on 25/12/2021 - 18:39

      How do you check the awards rate etc when there was no award on the contract? How do you find that out?

      • El cheepo on 25/12/2021 - 18:47

        What was/is your job role?

        Search the fairwork website by your job title to find your award rate.
        Their contract might not of met the minimum standards.

        • GINGUY578789 on 25/12/2021 - 18:49

          Thank you

          Job title was bar manager.

          Salary was

          So is that how people find their 'AWARD RATE' if a contract doesn't state it? Sorry just not sure, thanks for your help.

          Hope your xmas has been alright too. Appreciate someone taking the time to help and same for others here.

          • El cheepo on 25/12/2021 - 19:07
            +1

            @GINGUY578789: No worries!
            Its 43 degrees outside and i got nothing to do at the moment haha

            I had a look and you need to go into the calculate pay section on fairwork website
            https://calculate.fairwork.gov.au/findyouraward

            Enter your role as bar manager and it will ask you a serious of questions which will determine your minimum pay and conditions.

            I gave it a whirl for you, but theres too many variables that will affect the outcome of your pay.
            I guessed you were full time, over 20 and worked in a cafe/restaurant as bar manager.
            Came up with $26.50ish ph standard rate.

  • holdenmg on 25/12/2021 - 15:55
    +3

    Why would you partition the unfair dismissal and underpay?

    Surely having them considered concurrently would have only added to the first claim?

    Check and see if the "win" even allows you to go back for a secondary or subsidiary claim.

    • GINGUY578789 on 25/12/2021 - 18:31

      Exactly, I'm not sure it does and that will be on me. I was caught up in one facet and so be it if thats the case. Think you're right and so be it. I should have done it at the time but it is what it is.

  • Hardlyworkin on 27/12/2021 - 15:36
    +1

    Did you sign an agreement as part of the FWC payment indicating you would not take any further action in relation to wages and entitlements? Better read the wording if you did sign anything, you may have signed away your ability to chase up any underpayment.

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