ACT Claiming payment after doing extra work

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ssh

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24 September 2018
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An addendum to my employment contract specifies a certain number of large projects/tasks per year. The employer tried to increase the number without extra compensation in previous years, but when I pointed out the contract, I got the contracted number. This year again the workload was increased without compensation but talking about the contract only got me a point blank refusal of extra payment or anything else. Covid was the excuse.
My preferred outcome is that I would do the extra projects and get paid fairly for these. As opposed to refusing the above-contract work. Is it possible to legally obtain payment for the extra work after doing it, say next year? Assume the employer does not want to pay and has to be forced by Fair Work or the courts. Or is me doing the work considered some kind of tacit agreement to a new contract with higher workload and the same pay?
The contract does not specify hours, just the tasks.
A related question seems to be Contract not honouerd Is there some legal detail that makes a difference between that question and mine?
 

Rod

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Is it possible to legally obtain payment for the extra work after doing it, say next year? Assume the employer does not want to pay and has to be forced by Fair Work or the courts.

Yes and yes.

Though more detail is needed.
 

ssh

Active Member
24 September 2018
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Yes and yes.

Though more detail is needed.
Thank you, Rod! Is the second yes in your answer to the question "Or is me doing the work considered some kind of tacit agreement to a new contract with higher workload and the same pay?"?
Are the extra details (needed for answer) about points of the contract or the nature of the work or something else? If you have a reference to a law or case off the top of your head, I am happy to read it myself.
 

Rod

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If your contract says only work a certain number of projects, and you are forced to work more hours to cater for more projects, there is a good argument to be made you should be paid more. Though hard to be certain without reviewing a contract.

The second yes is in relation to courts. Yes, if they agree with you, the employer will be forced to pay.
 
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ssh

Active Member
24 September 2018
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Thank you! Do I understand correctly that the employee has to prove that extra hours of work were needed for the extra projects? The hours are not measured and are flexible, so proof is difficult. The employer could argue along the lines that the contractual number of tasks required less than full time hours and raising the number above the contract only raised the hours to full time.
 

Rod

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Hard to know without seeing the contract.

Read you and interpret your contract.