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Im working for a mine and i have had a dispute over money…

Im working for a...

Im working for a mine and i have had a dispute over money owing for overtime. theCEO has said that he pays us under the 2010 mines act and he has eccepted that he has made a mistake. Now im wondering if i can claim all overtime i have worked to be paid at the same rate. where would i stand on this. Ian.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

With my site manager ,supervisor but i cant get an audience with the CEO.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union, but under the mining act MA000011, IT STATES THAT ALL OVERTIME FOR CONTINUOS SHIFT WORKERS IS TO BE PAID AT DOUBLE TIME .We have only been getting half that if at all.

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

Not at the moment thank you

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Answered in 7 minutes by:
4/9/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question

You will have a claim that can be raised, please allow me a few minutes and I will explain how to process it to obtain the under payment.

Ask Your Own Australia Law Question

Underpayment of wages or other entitlements for that fact is a serious matter. You will be be able to raise a claim under he Fair Work Act. The first option is to raise a claim with the Fair Work Ombudsman on the following link:

https://www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplace-issues/how-to-fix-an-underpayment

This is the most cost effective method as you will not require the assistance of a lawyer.

The Ombudsman will there contract the employer and commence an investigation into the m matter.

Where it is found that there has been an underpayment Fair Work will issue an order to the employer to settle the payments due. The employer will also face penalties on the same under the Act for failure to pay the proper wages, if they are prosecuted.

The second option is to raise proceedings in the Federal Circuit Court. This way is a legal process and it is recommended that if you choose this method that you seek the assistance of a lawyer.

The Federal Circuit Court is the proper legal jurisdiction to hear disputes on underpayment of wages.

Where your super has not been paid, you can file a claim on the ATO website and the ATO will contact the employer to investigate and if the super has not been paid in a timely manner the ATO will ensure the employer pays the super and will also issue serve penalties to the employer for failing to maintain super up to date for the employee.

You can report your employer on the following link:

https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/

Would you like to consider these option.

You have a legal right to protect your interests in this situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hi ,John..Thank you very much. I appreciate it. If I have any more questions I will certainly get back to you. IAN HATFIELD.

you are most welcome.

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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.

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