I started work in a fruit shop and found I was expected to start early and stay late without being paid for that, and there were no penalty rates. So I quit, with 5 hours pay owing. The boss has ignored my voicemail message and text. Is there anyone who I can complain to and get my money?
Who Do I Contact in NSW about Wage Theft?
screensaver on 20/02/2022 - 21:18
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thank you
How much were they going to pay you?
Did the fruit shop have an enterprise agreement that doesn't require penalty rates?
Were you part time and required to give one week notice?
I hadnt yet signed anything, there were no pay slips. I did 2 hours unpaid trial, then 20 hours part time for one week. I gave him my bank account and tax file number, and was paid 395. Then after missing my last bus home staying back unpaid, I quit into the second week.
Did you give any notice when you quit? Or did you just stop coming to work?
I let him know first thing next morning, wasnt due to start until 5pm. As it turned out, I became unwell and couldnt have worked even if I wanted to. He doesnt know this. I am still unwell.
Does it matter to whether the OP should've been paid? they'd been there a week at a fruit n veg shop.
Was your boss a bad apple or you just having sour grapes?
hes dodgy for sure, we are expected to arrive half an hour early to learn the days prices and count the til, and stay back to clean, pack up and count the til, up to an hour and a half unpaid
Doesn't your employer understand there is a labour shortage ?
That is a great way to retain staff lol :)
Bikies.
Since there is no contract of employment, no pay slip, do you have any other proof that you were employed? Did you sign a TFN declaration form? Did you sign a document to advise where to send your superannuation payments to? Did you salary sacrifice anything (like to super)?
At this stage, it could be argued that it was a cash in hand job - and if push came to shove, the fruit shop might say you were helping him out gratuitously and "gifted" $395 for your efforts.
Let this be a good learning experience for next time.
“Cash in hand” work isn’t legal
Nothing in that post made any kind of legal sense.
if you pay someone in cash, for it to be legal, you still need to pay taxes and super and have them as an official employee, if they employer and employee for some reason want to use cash as payment each week, it is technically possible but not the way you are thinking, the cash in hand you are talking about is illegal and usually occurs in things like the hospitality industry and many others and usually works out better for both parties, for the employer not paying tax, super and all of that stuff, and for the employee, a lot of the times already having a job and just getting extra cash on the side without declaring 2 incomes or even people on centrelink that still get payments but work at the same time, also, you can't just "gift" someone money for helping" otherwise every employer would just be "gifting" all of their employees for "helping", your knowledge in this area is worrying at best, also to OP, if you don't want to put in extra time and not get paid fairly, don't become a chef, you wouldn't last a week
I wanted to read this but your lack of sentence breakdown hurt my mind.
yeah sorry, this is not the first time i have had this feedback
Yeah, that's not going to fly in any way, shape or form.
It's not legal to take on people as volunteer labour and fairwork is absolutely never going to believe that a stranger just happened to decide to help out a fruit shop for 2 weeks and was given a "gift" in return. The payment itself is enough record that employment occurred.
"Cash in hand job" means absolutely nothing either. You're still required to pay for work.
This isn't a good learning experience for anything. Employers are legally required to pay you for work. Unpaid training is illegal, not paying penalty rates is illegal, unpaid setup/shut down is illegal.
There used to be Chief Industrial Magistrate's Court in NSW years ago, where you could represent yourself for things like this. That was before Fair Work existed, so I don't know if it's still around.
Also contact ATO for your super funds.
They will investigate , charge and recover your lost/unpaid super.
Have used them myself, quite impressed.I wanted to get away from that job so much I guess I had to pay my way out.
Hey Pam!
Honestly, given the number of times bad things have happened to you from your post history, you're either the unluckiest person on earth, a troll, or a bit of a silly person.
I'd take anything OP says with a kilo of salt.
dont forgett to swalllow it
I'm not sure what you're trying to say, Pam. You want me to swallow (that's two L's, not three, by the way) the salt?
What happened to doing uber eats Pam?
probably got yelled at by the mean customers
Waiting for Uber XXX to rollout…
Your union
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