NSW Unpaid overtime

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Obaid

Member
22 August 2020
4
0
1
I have been working with a company as a manager, though i am not covered with any award nor i had any written agreement with the company. My hourly rate was $51.25 and my company set it for 40 hrs/ week.
The ordinary working hours are 38 hrs/week but i used to work more than 65/hrs a week 6 days a week. The overtime hours never got paid according to my hourly rate and still got paid only for 40hrs a week. And later on somehow i was forced to terminate my employment. Now how should i claim these overtime unpaid hours and on which rate should i claim according to law. I worked more than 6 years with that company and was not aware of laws earlier. Please can someone guide me as still my final entitlements are unpaid by the company and i have to find a way how to get paid for my overtime work hours.
How my overtime rate will be calculated on which rate it should be calculated?
 

Obaid

Member
22 August 2020
4
0
1
I have been working with a company as a manager, though i am not covered with any award nor i had any written agreement with the company. My hourly rate was $51.25 and my company set it for 40 hrs/ week.
The ordinary working hours are 38 hrs/week but i used to work more than 65/hrs a week 6 days a week. The overtime hours never got paid according to my hourly rate and still got paid only for 40hrs a week. And later on somehow i was forced to terminate my employment. Now how should i claim these overtime unpaid hours and on which rate should i claim according to law. I worked more than 6 years with that company and was not aware of laws earlier. Please can someone guide me as still my final entitlements are unpaid by the company and i have to find a way how to get paid for my overtime work hours.
How my overtime rate will be calculated on which rate it should be calculated?
I also have a company letter stating i work 42 hrs which was issued 4 years ago and i am paid 95k for it at that time.
 

Poidah

Well-Known Member
9 November 2017
145
6
419
Qld
Have you contacted them and ask for their position about the overtime rates and their processes? For a friend of mine, their company were happy to agree immediately to the last 3 months, but the previous ones would require a longer process of executive and director approval...
 

Obaid

Member
22 August 2020
4
0
1
Yes i approached them and they deny to pay. May hourly pay was above award so they deny to pay me off
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Talk to an employment lawyer.

You may have a claim for up to 6 years worth of wages but the lawyer needs to get more detailed facts.