NSW Employment Law - Can Employer Force Us to Hand Over Phones?

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Kaan Varol

Member
12 October 2016
3
0
1
Hey guys,

I have a few questions i'm unsure of.

I'm 17 and a Part-time Crew Trainer at McDonalds and we recently got a new restaurant manager. He victimises me about the new "store policy" which isn't in our enterprise agreement, and fails to ask anyone else, as the other crew don't adhere to the policy.

His policy is that we can't have our phone on our person while working. Fair enough, however - we don't have any personal lockers, just a room with bags every where. There has been theft in the store, forcing people to put their phones in their back-pocket. The managers have created a "phone pool", where everyone puts their phone in. But the cabinet is never locked and is a blind spot on the CCTV. So people can take their phone, and steal another phone without anyone noticing.

So my question is, are they allowed to force me to handover my phone under employment law? I have never used my phone on shift, and was sent home because I "didn't follow instructions", which I believe isn't reasonable.

Thank you :)
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Kaan,

I'm not sure about this one. A lot of professions do require you to hand in your phone. I used to work at a refinery and we had to. that said if they are not providing a safe and secure storage facility.

I know at the refinery there were exemptions, if you had sick family members or if you were the only point of contact with your kids. You could ask the fair work ombudsman on 13 13 94, they're open 8am - 5.30pm Monday to Friday (except for public holidays).

The other side of this is if they are singling you out as the only person they are enforcing this with you could address it with the fair work commission. Information to contact the commission is here: Forms & fees
 

Kaan Varol

Member
12 October 2016
3
0
1
Hi Kaan,
I'm not sure about this one. A lot of professions do require you to hand in your phone. I used to work at a refinery and we had to. that said if they are not providing a safe and secure storage facility. I know at the refinery there were exemptions, if you had sick family members or if you were the only point of contact with your kids. You could ask the fair work ombudsman on 13 13 94, they're open 8am - 5.30pm Monday to Friday (except for public holidays). The other side of this is if they are singling you out as the only person they are enforcing this with you could address it with the fair work commission. Information to contact the commission is here: Forms & fees

Thank you. Because I have no problem with putting my phone away, if only there was a personal locker. Do you think it's too much to ask for compensation for the hours a missed because I was sent home early?

I just hate how the managers exploit the crew members because of their age/capacity.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,225
972
2,894
The employer is likely liable for replacing the phone it goes missing and if they do not provide a safe and secure location for the storage of your property.

Make sure you have a receipt for the purchase of your phone and or pictures showing the model phone you have.