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Hello, my name is Aurora. My employer currently pays me $14.65ph

 
Alex's Avatar
  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.5 %
  • Accepted Answers: 12922
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Customer Question

Hello, my name is Aurora. My employer currently pays me $14.65ph for managing his retail clothing shop in Charlton Victoria. He offered me this job with the award wages and 38hrs per week. This started approx 7 weeks ago, after two weeks he told me to work 2hrs less a week, then after 4 weeks I was told to drop another 2 hrs of work per week which now brings me to a 33hr week. I do not get a pay slip, I have not signed a tax declaration form at all and I don't know if there is anything being put into my super. Is this all legal, can he change my hours just at his own whim, am I supposed to get a payslip (I have asked for one, he keeps telling me that he will send it, to date nothing). What are my rights please? and the award rate I believe he is paying me is wrong?

Kind regards XXXXX XXXXX

 

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Province: victoria

Already Tried:
I have asked about the wages if they are correct, my employer says yes I am really worried about the vadility of my employment. I have a feeling I am not on their books (gut feeling)

Submitted: 1114 days and 5 hours ago.
Category: Australia Law
Value: AU$22
Status: CLOSED

Accepted Answer

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Expert:  Alex replied1114 days and 5 hours ago.

[QUOTE] Is this all legal, can he change my hours just at his own whim, [/QUOTE]
It sounds a bit dodgey in my view.

From the sounds of it you have grounds to make a complaint to the Fair Workplace Ombudsman on the basis that your workplace rights have been violated. I recommend that you call 13 13 94 and make a complaint about this.

Once you have given the Fair Workplace Ombudsman a call, you should talk to your employer and tell your employer you have spoken to the Fair Workplace Ombudsman and that you believe your workplace rights have been trampled, but that you are still willing to negotiate a resolution to this problem. However, if this doesn't work, then you will need to put your concerns in a letter to your employer (be sure to keep a copy).

If the the letter doesn't get the result you are after, then you need to fill out a complaint form which can be posted to you from the Fair Workplace Ombudsman. When you call 13 13 94 ask them to send out to you such a form.

Your complaint may result in an investigator coming to see your employer just to make sure workplace laws have been complied with! Needlessly reducing an employee's hours and not paying superannuation is against the law, so if the investigator finds that this has occurred - fines and other penalties could be applied.

If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.5 %
Accepts: 12922
Answered: 6/2/2010

Experience: I did my law degree at the University of Queensland

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