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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42322
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I just had a question about suing for back pay? I work at

Customer Question

Hi, I just had a question about suing for back pay? I work at hungry jacks and in the collective agreement on fair work Australia it says that we are supposed to be paid time and a quarter on weekends. I have been working on Saturday and Sunday for about 2 years and never been paid any penalty rates and when I asked about it the manager said they aren't supposed to. So I'm just wondering who else I could check on this with because I know hungry jacks have failed to pay penalty rates before so I don't trust them.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Queensland
JA: Has anything been filed or reported?
Customer: No, I'm just starting to look into it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing that comes to mind right now, thanks
Submitted: 20 days ago.
Category: Australia Law
Expert:  Leon replied 20 days ago.

Good 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 but a guide to assist you.

If you have evidence of your shifts and the fault to pay you can commence proceedings in the Magistrates court. and sue them for the money plus interest and costs. QCAT may not have jurisdiction.

You should start asap. Send them a letter demanding the money and give them 21 days to pay and if the dont then you will sue.

Here is a summary of the process in QLD

I hope this makes sense and is of assistance. 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.

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