Employer won't Pay Holiday Pay?

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15 October 2014
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I have worked at a bakery for 2 & half years. They have been promising me the Manager's position / pay for me to go to Tafe for 2 years now.
I have recently left there (without giving two weeks) because I found out from a few work mates that the owner/boss was talking/bitching about me behind my back (she had no intention of making me manager) even though I'd done everything there as banking, training, opening/closing the store, etc all manager duties. Plus I never got a lunch break even if I worked 7 hour shifts.
My question is: I have asked her about my 3 weeks holiday pay (annual leave) she needs to pay me out hoping she would respect me enough & my loyalty to her business for 2 years and not getting extra pay even though I did extra work.
She said no & she wants to take me to court? I think she owes me my holidays my last 3 weeks. That's all I ask for but she is making it difficult.
What are my legal options under employment law? Anything I can do?
She's been taken to court before by 2 other people because of her business & lost twice.
 

Rod

Lawyer
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27 May 2014
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Contact the Fair Work Ombudsman. They are the department responsible for sorting out pay disputes.
 
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M.E

Member
14 October 2014
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ok so i have worked at a bakery for 2 & half years. they have been promising me the managers position / pay for me to go to tafe for 2 years now.
i have recently left there (without giving two weeks)
because i found out from a few work mates that the owner/boss was talking/bitching about me behind my back
(she had no intention of making me manager)
even tho i done everything there as banking, training, opening/closing the store, etc all manager duties.
plus i never got a lunch break even if i worked 7 hour shifts.
now my question is i have asked her about my 3 weeks holiday pay she needs to pay me out.
hoping she would respect me enough & my loyalty to her business for 2 years
not getting extra pay even tho i done extra work.
she said no & she wants to take me to court?
i think she owes me my holidays my last 3 weeks. thats all i ask for but she is making it difficult.
what are my options>? anything i can do?
she had been taken to court b4 by 2 other people because of her business & lost twice.
Hello Natasha, Its Angela E. from Queensland. I just was checking for any replies under Traffic Law section (thread) 'Car Hire Company- $151.-fine not sent, now $848.90', and seen your dispute. Have you tried to get Legal aid? Have you got the holiday pay in writing? You may want to go to your local council, or court office to get advice on how to proceed. Your ex boss is just intimidating you, to not proceed further. Don't let her scare you. It's a hassle, but a good learning experience. Good luck and say hi to all the family.
 

Rod

Lawyer
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27 May 2014
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Have you tried to get Legal aid? Have you got the holiday pay in writing? You may want to go to your local council, or court office to get advice on how to proceed.

Natasha, your first call is to the Fair Work Ombudsman. Local council is not relevant in this type of case, and only consider court if the Fair Work Ombudsman looks at your case, agrees with you that you are owed money but refuse to prosecute on your behalf.
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
Natasha, I agree with Rod. The Fair Work Ombudsman is a free service that is specially set up to assist with disputes arising between employers and employees. They are a wealth of knowledge and experience in employment law. They act as impartial third parties that negotiate between both parties. You can lodge a complaint with them and they will contact you and inform you of the dispute resolution process and how your position/merits and how they can assist you.

Only turn to the courts as a last resort. This is because courts are extremely costly, time consuming (can drag on), stressful, not as flexible as the Ombudsman service and tend to antagonise the parties rather than conciliate toward a solution.