Advertisement

Tricks bosses use to avoid paying you properly

Employee Photo: Shutterstock

Employee Photo: Shutterstock

The Fair Work Ombudsman (FWO) recovered more than $23 million for Australian workers who were ripped off by their employers during the 2013-2014 financial year.

These are the people who lodged and followed though with a workplace complaint. There are many others out there who have no idea they are being taken for a ride, experts said.

Slater and Gordon industrial lawyer Carita Kazakoff urged workers to check their rights and make sure they were receiving all of their entitlements.

• Young workers will suffer from Sunday pay cuts
• Penalty rate cut denounced
• CEOs on how to star in your next job interview

She said it was illegal for an employer to dismiss an employee for standing up for their rights, referring to a recent case.

Ms Kazakoff said on July 21 this year, the national law firm represented a young Melbourne woman who believed she was sacked because she campaigned against an outdated workplace agreement.

“It is a breach of the Fair Work Act for an employer to sack you, or to stop rostering you for shifts, or even threaten to do so, because you’ve taken legal action about your wages or award entitlements,” Ms Kazakoff said.

“Many employees don’t investigate their rights because they’re worried what will happen if they seek to enforce their entitlements.

“I applaud (the woman) for standing up for herself and her co-workers in the pursuit of fairness.”

15-08-11-Fair-Work-Ombusman2

The FWO is responsible for ensuring businesses and companies comply with Australian workplace laws.

In its annual report for 2013-2014, the organisation responded to more than 595,000 inquiries received through Fair Work Infoline services.

It finalised 25,650 complaints and recovered more than $23 million for 15,483 workers.

It also litigated its first successful age discrimination case and secured a record $343,860 in penalties against a cleaning company for deliberately underpaying six workers.

In the name of the law

The FWO website revealed hundreds of examples of employees being ripped off by their bosses.

During 2013-2014, the FWO responded to more than 595,000 inquiries received through Fair Work Infoline services.

The Fair Work Ombudsman is responsible for ensuring compliance with Australian workplace laws. Photo: Shutterstock

On Tuesday, the FWO reported that international students and an overseas backpacker on a 417 working holiday visa were paid as little as $15 an hour to work at a Perth restaurant.

Five employees, aged between 22 and 41, were short-changed almost $4200 between July 2014 and January 2015.

They were being underpaid their minimum hourly rate, overtime, weekend, evening, and public holiday rates and split shift allowances, they said.

Meanwhile, on July 28, two Melbourne businessmen were fined – and criticised – in court for paying themselves wages totalling almost $500,000, while some of the young, overseas backpackers they employed were paid nothing at all.

The pair were each fined $11,880 after admitting a company they formerly owned and operated underpaid eight employees a total of $14,964.

Slater and Gordon also has industrial relation specialists who, as part of their role, defend employees who have been unfairly treated in the workplace.

Penalty rates proposal

Last week young employees were up in arms about a Productivity Commission report advising the Abbott government to abolish penalty rates on Sundays for those employed in the hospitality and retail industries – some of whom are the lowest-paid workers in Australia.

However it also proposed emergency workers, such as nurses and paramedics, continue to receive the higher pay rates.

Unions ACT says the penalty rate proposal will create a second class of worker.

Unions ACT says the penalty rate proposal will create a second class of worker. Photo: Shutterstock

Part-time and casual employees spoke to The New Daily and said they were frightened about their penalty rates being under threat, often balancing study and internships while trying to save or pay their way in life.

According to the Queensland Council of Unions, the proposed cuts would cost the average worker about $80 a week – that kind of money could go toward a student’s textbook budget, petrol for their car or be put away for the future.

Speaking to The New Daily, a Victorian employee said the business they worked for did not offer weekend penalty rates, but just paid a regular wage or salary.

Meanwhile, a separate business owner told The New Daily that they rostered one of three directors to work at the weekends to avoid paying penalty rates to its employees.

Canberra Business Chamber chief executive Robyn Hendry told 666 ABC Canberra most ACT hospitality businesses avoided trading on Sundays because of the significant staffing costs.

“Try going out on a Sunday night in Canberra for a meal and you’ll find that most restaurants are closed,” Ms Hendry said.

But Unions ACT secretary Alex White said the penalty rate proposal would create a second class of worker.

“It means the hospitality and retail workers would be treated differently to every other worker in Australia and receive less pay,” Mr White told the ABC.

For more information and pay calculators visit the Fair Work Ombudsman website, phone the Fair Work Infoline on 13 13 94 for free advice. A free interpreter service is also available on 13 14 50.

Stay informed, daily
A FREE subscription to The New Daily arrives every morning and evening.
The New Daily is a trusted source of national news and information and is provided free for all Australians. Read our editorial charter
Copyright © 2024 The New Daily.
All rights reserved.