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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 209
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I am employed as a casual employee. Last week I worked 42

Customer Question

I am employed as a casual employee. Last week I worked 42 1/2 hours. I charged my boss 38 hours at normal rate and 4 1/2 hours overtime. He is disputing one hour overtime and won't sign my pay cheque. I have to prove to him that after 38 hours per week I go onto overtime rates. HELP
Submitted: 11 months ago.
Category: Australia Law
Expert:  kmslaw replied 11 months ago.

Hello my name is***** am a solicitor who will help with your inquiry today. I'm sorry you've had to wait for someone for so long now today. I will get onto this as soon as possible and advise you what to do. Give me about half an hour....

Expert:  kmslaw replied 11 months ago.

Do you know if you are employed under an Award or if your contract says this? I would need to know what the award says and what your contract says. If the award and contract says you are entitled to overtime rates then you can draw his attention to the particular section of the award that says you must be paid for the additional hour. However perhaps he is just disputing it because he has an issue with what you did during the hour or whether it was authorised for you to continue to work for that additional hour. If he disputes that he authorised you to work the additional hour, you will have to clarify what the rules are in your organisation as to when you work additional hours. Try to get it in writing if you can, that way you can show him what you understand to be the procedure for telling him that you need to work longer hours to complete your tasks. I hope this has been helpful.

Expert:  kmslaw replied 11 months ago.

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