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Second opinion] qldJA: Has anything been filed or reported?

Customer Question
Second opinion] Hello Pearl, ...

Second opinion] Hello Pearl,

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: Has anything been filed or reported?

No it hasn't just asking for help I got put off at work ... ausspring industries on the 19th of june and I still haven't got my final pay out i also never got paid overtime rates

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

Yes we emailed the boss boy again today and he sed sorry tight for money at the moment we will pay later on... HR lady was at the final meeting we had

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

It was full time employment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But i worked 3 years at part time rate and never got any overtime rates... like 1.5 and double time

Submitted: 9 months ago.Category: Australia Law
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Answered in 1 hour by:
8/4/2017
Solicitor: John Melis, Lawyer replied 9 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,809
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 9 months ago

Dear customer, your situation requires assessment on how the legislation will impact on the specifics of your circumstance. Sometimes what should seem straight forward may not always be the case, and this is why lawyers are engaged to determine your legal rights.

Discussing your very important matter by telephone can be easier and more efficient. I will provide a further detailed reply but in the meantime please rate my service.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 9 months ago

Dear customer, your matter concerns breaches by the employer.

I recommend that the first action which is taken where the employer is failing to meet their obligation is to raise a claim at the Fair Work Commission. There are time limits that apply, and a prompt filing of an application is important.

When filing a claim at the Fair Work Commission it is important that you have available to you evidence such as payslips and ideally a contract of employment, and historical details on the same.

Kind regards *****

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Solicitor: John Melis, Lawyer replied 9 months ago

Dear customer, minimum wage entitlements are usually set out in modern awards and enterprise agreement. The minimum wage for employees who are not covered by an award or agreement, is that prescribed by the National Minimum Wage Order (NMWO).

Wage rates in enterprise agreements are the product of agreement between the parties to the agreement, and during the life of the agreement may be adjusted in accordance with the terms of the agreement, or if the wage rates fall below the level set in any otherwise applicable modern award or the NMWO, as relevant.

Employees can be paid at or above the minimum wage set out in the applicable instrument. However, if they receive less, action may be taken to recover the underpayment and the employer may be liable to a penalty and the imposition of other orders under the Fair Work Act 2009 (Cth)(FW Act).

If an entitlement to wages or salary is derived from a contract of employment, then any underpayment would enable the employee to initiate legal proceedings to recover the amount of the underpayment. Depending on the amount involved and the source of the contractual entitlement, the employee may be able to avail themselves of the Small Claims procedure set out in Pt 4-1 Div 3 of the FW Act.

Furthermore, a Contravention of the NMWO (s 293), a modern award (s 45), or an enterprise agreement (s 50) may attract a penalty of up to $54,000 for a corporation or $10,800 for an individual. Penalty proceedings can be initiated in the Federal Court, the Federal Circuit Court of Australia, or an eligible state or territory court.

Kind regards *****

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Solicitor: John Melis, Lawyer replied 9 months ago

Dear customer, the FWC can assist the parties to secure an agreed resolution of a general protections dispute through a conference convened in accordance with s 365 (in cases involving dismissal) or s 372 (in other cases). The Commission can conduct the conference as it wishes, by conciliating, mediating, making a recommendation or expressing an opinion, but it cannot impose an outcome on the parties.

If the parties are unable to resolve the dispute by conference, the FWC will issue a certificate stating that it is satisfied that all reasonable attempts to resolve the dispute have been unsuccessful. The aggrieved party may then make a general protections application to the courts seeking any of the orders in ss 545 and 546.

In dismissal disputes, once the FWC has issued a certificate indicating that the dispute could not be resolved by conference, the parties can agree to the FWC arbitrating the matter. Arbitration in the FWC is final and may result in any of the following orders: an order for reinstatement; an order for the payment of compensation; an order for payment of lost remuneration; an order to maintain continuity of employment; and an order to maintain the period of continuous service.

Unlike in unfair dismissal cases, there is no upper limit on the amount of compensation that may be ordered by the FWC or exclusion on compensation for non-economic loss such as hurt, humiliation and distress.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 9 months ago

Dear customer, I can keep answering your questions for free if you can rate my service for excellence.

Kind regards

John Melis

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Customer reply replied 9 months ago
Sorry this is nt wot we asked for....
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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