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I am a senior Radiograoher in a private medical imaging

Customer Question
I am a senior...

I am a senior Radiograoher in a private medical imaging company .

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

In Nsw i Work manag8ng 2 sites that ar3 100 km away form each other and if the

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

Sorry I need to finish the explanation. I was told I would b

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

Bet paid km for travel form one site to the other during the day and I maybe claim it 4 to 6 times a fortnight , if I start at 7 and Work till 7 , am I right in claiming for the whole hours because I am travelling during my lunch break period .

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/23/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,392
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 4 months ago

where you are traveling for work purposes between two locations you can claim those hours.

The question is then when do you take lunch ?

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Customer reply replied 4 months ago
I rarely have time to take a break.
Solicitor: John Melis, Lawyer replied 4 months ago

Ok this raises the next important question.

does your employment contract reference a lunch break ?

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Customer reply replied 4 months ago
I’m not sure , but if I work through my lunch break I don’t get pay in $ I get accrued time
Solicitor: John Melis, Lawyer replied 4 months ago

The answer is in two parts as it concerns breaks and work time and what happens during those breaks.

I have extended a special offer to you with on the telephone to make it easier to explain your legal rights if you prefer ?

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Customer reply replied 4 months ago
I really just need to know if I am expecting the wrong thing or not .
I work very hard and dont get any time free and it seems a little steep that I could be accused of double dipping when the travel is 100 km and takes and hour to drive that far . I don’t go home early I actually even work longer hours than a shift because the company has a staffing shortage and I am making up for 2-3 people , yet I was told this today .
Solicitor: John Melis, Lawyer replied 4 months ago

Ok I will explain.

1. Your employment contract states the number of hours you work.

2. There is also a lunch break

3. the lunch break is defined as a break from the workplace.

4. Where you are not ordered to drive during your break and you choose to drive during your break, you are not legally required to be paid during that break period.

There are a lot of issues surrounding your contract, and if you prefer we can talk on the phone as well.

Does this answer your important question today ?

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Customer reply replied 4 months ago
I think I will need to look into my contractual arrangement
It’s a one hour trip , even if I get a break which I don’t its only supposed to be 30 minutes
Thanks for your help any way
Solicitor: John Melis, Lawyer replied 4 months ago

you may be able to argue that you should be paid, but I would really need to discuss on the phone if you can make time. Then I can clear it up very quickly for you if you prefer.

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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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