17 Year old - Cafe trial shift then additional shifts then no job and no payment for work done

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JohnnoP

Active Member
8 July 2020
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17 year old daughter was invited to attend a cafe for a trial shift as waitress/kitchen hand. Trials usually go for an hour or two - but this one ended up going 10am to 3.30pm. (She just kept working - didn't question whether she was now employed or what)

She was asked to come back the following weekend and worked 9am to 3.30pm both Saturday and Sunday.

Now, a week later, there is no indication she is getting any more shifts - (cafe's choice) but also no indication she is going to be paid for the work she has done.

I'm about to call the owner or pay him a visit and demand payment for daughter's time. However would be interested in the legal perspective and options before I do so.

Daughter just trying to earn herself some pocket money and its disgraceful how she has been treated by the cafe industry.
 

Tim W

Lawyer
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28 April 2014
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Before you start, have a read of this.
 

JohnnoP

Active Member
8 July 2020
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Thanks for quick reply Tim. From that, it seems clear to me that the employer is acting unlawfully. So I presume I will need to take it up with Fairwork if the employer does not make payment as I will be requesting (which I will do both verbally and in writing - setting out the dates/times and hours).
 

Tim W

Lawyer
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28 April 2014
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Choose your language, tone, and actions, carefully.
Last thing you need is to be groundlessly accused of making threats.
 

Rod

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27 May 2014
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Put it in writing first, then go see the owner. Then take notes of the mtg if the owner does not pay.