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WA Employment Law and Employment Contract - What are Friend's Options?

Discussion in 'Employment Law Forum' started by friend-in-trouble, 3 May 2016.

  1. friend-in-trouble

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    My friend works at a restaurant and has recently realised he's not getting paid properly. He approached his boss and asked for a copy of his hours sent to payroll and a copy of his employment contract. The boss got aggressive and asked my friend to leave or he would call the cops. The boss has taken him off the roster so now he has no job. This is not the first time the boss has done this but the other workers won't do or say anything.

    What are my friend's options under employment law? Who can he go to help him?
     
  2. Rod

    Rod Well-Known Member

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    Your friend should call the Fair Work Ombudsman to check:
    • What award he should have been on
    • How much he should have been paid, including superannuation
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

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    Your friend should consider filing a General Protections application. 21-day time limit applies. Also, the Employer has an obligation to provide all employee records ( including hours worked, etc) to your friend. In failing to do so can attract severe penalties.

    I suggest your friend get in contact with a decent employment lawyer and issue a letter of demand for all employee records to then determine what the value of the underpayment. I would also suggest filing a GP application with the Fair Work Commission.

    If your friend wants to leave this job, he could get a decent payout and go somewhere he will actually be valued.

    FYI the FWO has no coercive powers unless they investigate and take on the matter ( very rare). I would not bother with filing an FWO complaint as the only thing they will do is hold a mediation conference that is not compulsory in attendance whereas A GP application requires the employer to come to the table.
     
  4. Rod

    Rod Well-Known Member

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    Agree about FWO. They will not pursue the matter, however they will give information that allows the friend to work out how much he is owed.
     

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