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SA Employment Contract - Employer not Adhering to What was Agreed?

Discussion in 'Employment Law Forum' started by richard300, 9 August 2015.

  1. richard300

    richard300 Member

    6 June 2015
    Likes Received:
    Hi, I recently started a new job.... I was told that it was a fulltime role and that the salary would be $47,500 plus superannuation....

    I was to work a two week continual roster as follows:
    WEEK ONE: Tuesday/Wednesday/Thursday/Friday
    WEEK TWO: Monday/Tuesday/Wednesday/Thursday/Saturday/Sunday

    Hours and pay for Weekday's are: 7.6hours (9-5) @ $21.42ph
    Hours and pay for Weekends are: 6hours (10-4) @ $32.13ph for Saturday & $42.84 for Sundays.
    I also get $40 on Sat and Sun for being on-call all weekend.

    However - Now that I have started, they tell me that my role HAS TO BE classed as a permanent part time position and can't be a fulltime role, because of my shift pattern.

    And whilst my employment contract states that my normal working hours, are those listed above... They have classed my salary as $42.325 and they class my weekend work as overtime and not 'normal hours'...

    I have two questions about this....Does this affect the amount of Super they have to pay? And does this affect my Tax? It will certainly affect my power to borrow when it comes to obtaining a mortgage.

    I am also told that (for example) On Monday 5th October there is a Public Holiday. This is my rostered Monday off work. As a result, everyone else in the office gets the day off with full pay. I receive no pay and further more do not get a day off in Lieu to compensate.... This does not seem fair.
  2. Worldly1

    Worldly1 Well-Known Member

    25 April 2014
    Likes Received:
    When I first started reading your post, it sounded like a permanent part time arrangement. But the more I read, the more I realise your situation is complicated. Your entitlements should be specified in your employment contract so its important to carefully read through each clause. There should be a clear clause about your superannuation, as an example.

    Have you contacted the Fair Work Ombudsman to ask their thoughts on the public holiday issue as well? See:
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

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