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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43484
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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To whom it may concern, I started in January 2010 with

Customer Question

To whom it may concern,
Hi my name is***** .I started in January 2010 with contract as a spray painter.In November 2010 I was promoted to production supervisor. This promotion comes with the letter announcing my new position,not a contract.Till end of December 2010 I worked over times with approval from my direct manager,and get paid for every hour I worked.Then on 29 of December I received letter informing me ,that I will be paid only 3 hours of overtime a week.The workload demands and my duties required me to work more than 3 hours a week( sometimes up to 15 hrs) with my manager approval-time sheet with specified hours we resign by my manager.I asked about my new contract many times.In November 2012 I did approached HR assistant about my contract and, with explanation about my unpaid overtime so and legality of the situation.Whitin 24 hrs my contract has been changed.When I handed my resignation letter I also asked about unpaid overtime.On the exit interview yesterday HR manager gave me many excuses with no straight answer.In this situation I convinced that will take long time to resolve this issue without You help.
Can You please advise me and help me out.Do I have any rights to be paid for those overtime.My email address is***@******.*** / 0416 111 418
Kind Regards
Bogdan Dziemianczuk
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

God Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

When did you resign and do you know how many hours you are owed?

Customer: replied 1 year ago.
when I resigned I did provide to company all hours , dates and final figures.
Expert:  Leon replied 1 year ago.

Good Morning

Ok The letter trying to restrict your overtime is a concern, and the fact that you make no mention of whether you disputed it.

You have a right to sue for your money and you should do this in the Magistrates Court/Local Court in your state.

You should send them a letter of demand setting out what you are owed. Give them 14 days to pay and if they do not pay then you sue them.

It will take about 12 months to finalise it if they defend it but this is your only choice.

I also believe you would be covered by an award and this is what you rely on as that would not fix your overtime rates.

I hope this makes sense and is of assistance.

Expert:  Leon replied 1 year ago.

Good Morning

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.

Good Morning

I am just following up my last post.

Are you still in need of assistance?