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I work on a bus on Hamilton ISLAND. On one of our services…

Customer Question
Hi, I work on...

Hi, I work on a bus on Hamilton ISLAND. On one of our services there is there is no scheduled break and I did not have one the 10 hours I worked. I belive this illegal and what can I do about it

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Qld

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

Not yet I was thinking of sending an emai

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

Im not sure, I just don't know what rights are in this case

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/29/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,522
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 7 months ago

you are entitled to a proper break in accordance with Fair Work Act.

Do you have a written employment agreement ?

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Customer reply replied 7 months ago
it states that we get 2 x 15 min and one 30 min but that is not the case on certain shifts
Solicitor: John Melis, Lawyer replied 7 months ago

ok.

in this case your contract also supports the requirements for a break.

you can raise a claim against the employer directly if you prefer or with the assistance of the Fair Work Commission.

Have you tried to discuss the matter directly with the employer yet ?

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Customer reply replied 7 months ago
Not yet,I will email them. I'm new i didnt want to rock the boat
Solicitor: John Melis, Lawyer replied 7 months ago

ok

when you draft the email, you need to reference your roster, the shifts specific of concern that you have worked where a break is due, and the OHS issues that need to be addressed.

I have extended a special offer to talk on the telephone if you prefer to help you with the points of the letter.

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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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