Have You Raised Any Issues with Fairwork?

jimmy1593 on 26/05/2023 - 13:13

I was recently asked to quit while working as a casual.

Then realised and did some search on fairwork website and got to know that I was underpaid.

I did ring them this morning and they asked me to discuss first with employer and if they do not respond/pay, then approach them again.

My question here is:

  1. What's the possibility of employers usually agreeing to this?
  2. Would it drag long?
  3. Have you raised any of this before (with Fairwork or your employer and what was their response)?

Thank you community

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Comments

  • scrimshaw on 26/05/2023 - 13:24

    Are you the only person that is underpaid? Have you spoken to others and banded together to lodge complaints?
    Usually when a business underpays its staff they are not doing it to just one person, but possibly to the rest of its workforce.

    I was underpaid when I worked in a retail chain, but about 2 years after quitting all of a sudden they emailed me and let me know that I had been underpaid for 4 years worth of work. I'm guessing enough people had complained that Fair Work took action, but I don't imagine the response time will be quick. Look at the reddit post below for info

    https://www.reddit.com/r/AusLegal/comments/jrvsur/comment/gb…

    • jimmy1593 on 26/05/2023 - 13:41

      Most of the other people working there are on student / tourist visa and are paid in cash.

      They do not have any issues until they are not asked to leave..

      • scrimshaw on 26/05/2023 - 13:45

        Do you have payslips, or did you also receive cash in hand, like the other students?

        It's illegal for the business to not to provide payslips to employees https://www.fairwork.gov.au/pay-and-wages/paying-wages/pay-s…

        • SithVicious on 26/05/2023 - 13:49

          The problem is that fairwork are absolutely impotent.

          • Archi on 26/05/2023 - 14:02
            +1

            @SithVicious: maybe you didn't 'RAISE' the issue correctly

            • SithVicious on 02/06/2023 - 11:35

              @Archi: sure did. Went through all sorts of phone calls and chasing up and info gathering.
              When it came to it; told us to go to small claims despite there being issues by the employer that affect other people … impotent and dont help.

  • jv on 26/05/2023 - 13:59
    +2

    Have You Raised Any Issues with Fairwork?

    No

  • Jimothy Wongingtons on 26/05/2023 - 14:05

    Based off your previous posts (Im sure I saw one yesterday too?) - maybe its time to just move on.
    If they're paying cash and aiming at overseas staff on visa's that's a big red flag.

    • jimmy1593 on 26/05/2023 - 15:03

      Yeah I did move on, but from my 10 days of work i can see that I was paid close to 600$ less..
      Big amount, so will give a fight for sure

      • onetwothreefour on 26/05/2023 - 15:39
        -2

        Your other post says you were earning $22 an hour so if they have underpaid you $600 then that is 27 hours of work over only 10 days?

        I get that $600 is a lot to you but in the grand scheme of things it's peanuts. The amount of time and effort you will spend chasing this up is not worth it. Focus on getting another job.

        • jimmy1593 on 26/05/2023 - 15:41

          Yeah, I've been underpaid 5$ for roughly around 10 days of work.
          So that's 500$-600$ including super etc

      • Nalar on 26/05/2023 - 16:03

        Also remember that you can lodge a complaint about not paying you enough super!

  • El cheepo on 26/05/2023 - 14:05

    Jimmy

    You getting sacked for disputing your hours?
    https://www.ozbargain.com.au/node/777010

    Edit: my my, theres a bit if extra info there now.

    Going off the extra info in that post now, how much were you underpaid in total (by your own calculations) and can you be bothered following it up with fairwork? (Baring in mind it can be a drawn out process)

  • star-ggg on 26/05/2023 - 14:45

    I did once after I quit my employer of 1 year and noticed contributions to my super hadn't increased (payslips said super was being paid). Former employer claimed it was super's fault. Super told me to talk to employer. Told my former employer to sort it out in a month or I'm going to fairwork. Case was easy to lodge, no updates for 6 months then received resolution letter and money paid. Didn't have to talk to my former employer at all once case was opened with fairwork.

    I'm guessing mine was a fairly simple case. I can imagine your one dragging out to 1 year plus.

    • kekw on 26/05/2023 - 15:04

      Does your ex company name starts with A?

      • star-ggg on 26/05/2023 - 15:38

        Nah was a small business. The type where the boss types by poking the keyboard with 2 fingers.

        • kekw on 26/05/2023 - 15:43

          very similar experience with my ex boss. Hence the question. Mine was also resolved at the end but it was a 3 long years of battle. Lodged with both fairwork and ato. Got the money at the end but not the 3 years worth of compound interest. That company still operating till this day.

  • freefall101 on 26/05/2023 - 18:22
    • Employer will probably tell you to piss off, you're likely not the first person
    • It takes months. There are backlogs of claims, then the employer gets a chance to provide documentation and respond to it, then it's reviewed.
    • I've raised these before, need all your ducks in a row. I literally reported to them that the cafe in their own building (ironically called The Fair Trader) was paying foreign employees under minimum with no super and not paying them properly, nothing happened because the employee was too scared to report it themselves.
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