QLD Company claims I left without notice so therefore I will not be paid - which is a lie

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Aaron A

Member
27 February 2019
1
0
1
Hello everyone,

I began working in fulltime for my new employer in January this year as per the condition of fulltime employment which had been advertised. My employment contract took up to two weeks for them to prepare. Initially they gave me my "contract" but it was only half of one and many important clauses were missing regarding overtime, annual leave and sick days for example - it was strange that they thought I would not notice this. During my weeks working there, I did a lot of overtime and additional to that, they were not able to provide full training for the job (due to poor planning and the other staff being on Christmas holiday) - at times it was rather stressful and uncomfortable. When I asked questions about overtime and hourly rates, I was told to wait as HR will send this information - which was not a nice feeling, as I didn't want to be taken advantage of.

After finally receiving the complete version of the contract, I went over it and decided that it was not for me. I discussed this with my manager and then he suggested casual employment instead. He explained how that would work and what the pay would be. After a day of thinking it over, i agreed to take on casual employment. He explained that they would obtain a casual employment contract from HR and that I would be called at least one day in advance before doing a shift.

A couple weeks had passed and not only did I not hear from the manager about the contract or shifts, I also had not been paid! I send him a message asking about when I would be paid and the next day HR sent me an email explaining that, I had left the company without giving any notice, so therefore they are not obligated to pay my last shifts out to me - which is of course a complete lie. I explained in a friendly and professional way that the manager and I had agreed on a casual contract and that he would organise it for me, so I have not quit and done a runner.

Two times I answered HR via email telling them the truth of the situation and to this day they still have not responded.

I am not from Australia and am not familiar with how things work here - so I am seeking advice on here. They don't owe me a huge amount, but for me as a young solo foreign traveller, I really need that money. And also, somone within this company has told lies to get out of paying me which must be rectified!

Aaron A
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
www.hutchinsonlegal.com.au
They figure you'll go away like so many others.

As suggested above try the FWO in the first instance.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Before contacting anyone, the OP should clarify what visa they have and make sure that they are actually allowed to work under that visa - otherwise kicking up a fuss could get them deported.