Title | FWO - problem question |
---|---|
Course | Administrative Law |
Institution | University of Sydney |
Pages | 2 |
File Size | 43.2 KB |
File Type | |
Total Downloads | 11 |
Total Views | 146 |
problem question...
Dear officials of FWO Hi, I am currently working in a Sydney-based supermarket as a cashier. The ANB I report is correct but not limited. Because I need to cover 2 Sydney stores. Since there is no written employment agreement, I am not sure if I am a casual employee or a part-time employee. Every Sunday I would give my next week available time to the manager and every week I would be assigned around 3-4 shifts. Each shift lasts from 9am-10pm (13 hours in total) without any rest time. But the payment is calculated as only 12.5 hours. The first whole training day (13 hours) is unpaid. And the first 20 hours of the work is 11 dollars/hour, after which, the hourly wage is 12 dollars. According what the manager of the store said, it’s the company’s regulation which he can do nothing with. The payment is also cash in hands without any written pay slip.
I appreciated the information in FWO and the law handbook in NSW Chapter 22 Employment that the NSW government supplies which are really helpful. Based my humble understanding of the information, this company has breached the several sections of the law but I am not sure what evidence I need to gather to support what my claim. I am thinking to bring this issue to the NSW local court rather than solved by alternative dispute resolution. This is a chain supermarket in densely-populated areas of Sydney with online store delivery service. And most of the tally man and cashier are students and working holiday visa holders. But the more stores they expand, the more workers they squeeze. The store has been opened for years thus I reasonably believe that I am not the only one who is underpaid. One of the reasons for this phenomenon exists, I guess, is never have people had the time or ability to respond it seriously thus let the company manager violate the law without scruple. Another reason is that those payment regulation makers are truly brazen since there are some similar chain supermarkets which pay legally but also
run well.
As I mentioned before, the employment agreement is oral and the working time, though I use your APP RECORDS MY TIME to record, I am not sure how strong this evidence is. The payment is cash in hand without pay slip. May I have more knowledge of what evidences should I collect with regard to the underpayment, working hour and type of employment? I guess there are some limitations of the evidence gathering considering the workplace is commercial. And Is the socially app wechat chat history useful if translated and notarized? Lastly, how can I lead the claim to the
parent company rather than the manager of the specific store? The manager who also works 13 hours a day said the wage rules are regulated by the company, orally, which I didn’t record. I saw there are several ABN of this company, each store seems having its own ABN.
Thanks for reading.
Regards Nancy
Dear officials of FWO
Hi, I am currently working in a Sydney-based supermarket as a cashier. The ANB I report is correct but not limited. Because I need to cover 2 Sydney stores. Since there is no written employment agreement, I am not sure if I am a casual employee or a part-time employee. Every Sunday I would give my next week available time to the manager and every week I would be assigned around 3-4 shifts. Each shift lasts from 9am-10pm (13 hours in total) without any rest time. But the payment is calculated as only 12.5 hours. The first whole training day (13 hours) is unpaid. And the first 20 hours of the work is 11 dollars/hour, after which, the hourly wage is 12 dollars. According what the manager of the store said, it’s the company’s regulation which he can do nothing with. The payment is also cash in hands without any written pay slip. May I have more knowledge of what legally effective evidences I should collect with regard to the underpayment, working hour and type of employment?...