TAS Employment Law on Unpaid Overtime on Full Time Salary?

[Deleted member 17143]

Query:

I work 20 hrs average overtime per week. This is 20 hrs overtime each week for the past 14 months since I started my job. I work approx. 60 hrs per week. My salary is 60,000. How do I get paid overtime?

I am exhausted.

My fellow full time workers below me refuse to work overtime and hardly do any work. I am left to do all the work.

My boss has not mentioned any pay or time off in lieu for overtime. I am an immigrant to Australia.
I don't know the employment law.

Please help.

 

[Rod]

What does your employment contract or award or EA say about overtime?

20 hrs in a 38 hr week is not reasonable. Do you have a record of your hours?

 

[Deleted member 17143]

My contract says:

"The remuneration and benefits provided in this agreement provide fair compensation for the role, taking into account all the requirements of the role including the required 40hrs a week of work, any occasional additional hours required and any disabilities and expenses required for the performance of the role.

It is agreed that all award conditions such as overtime, shift and weekend loadings or penalty payments, leave loadings, allowances and any other rateable condition of employment, such conditions will be deemed to be offset against the overall remuneration and benefits provided under this agreement."

Yes, I have a record of every hour I have worked at this job.

I am an assistant manager but there is no manager, so I do the work of manager and assistant manager.

I get superannuation, a company vehicle for work, and a small bonus depending on performance.

 

[Rod]

'Occasional extra hours' is not 20 hrs each and every week.

Can you ask for the pay rate of a manager rather than an assistant manager?

Are the duties in your contract close to what you perform, or do you have more responsibilities than listed in your contract?

What do you want to happen? It may be that taking any action will be a job ending or career limiting move.

 

[Deleted member 17143]

Thank you for your reply.

Occasional extra hours' is not 20 hrs each and every week.

Can you ask for the pay rate of a manager rather than an assistant manager?

I am leaving the job, so no point in that now.

Are the duties in your contract close to what you perform, or do you have more responsibilities than listed in your contract?

I have more responsibilities than in the contract.

What do you want to happen? It may be that taking any action will be a job ending or career limiting move.

I will be resigning as I cannot continue with this workload. I am taking some time out as I am burnt out from the workload and the employer is always criticizing my work, and having to work in adverse circumstances.

I want to be paid for my overtime, which amounts to 3186 hours in total, over a 55-week period, and an average of 57 hours work a week.

The other query I have is how my career can be affected if I complain about this?

 

[Rod]

Take yourself to an employment lawyer who can commence action on your behalf. No hurry as you have plenty of time (6 yrs) to make a claim though it is better done within a month or two of leaving while you remember everything.

Career limiting if your prospective employer knows the ex-employer.

 

[Deleted member 17143]

I have resigned and for 1000 dollars overtime am offered 2500 dollars ex gratia payment. If I accept this does this mean I wont be able to get someone/fairwork to fight for more payment?
Should I not accept this?

 

[Rod]

Depends on the terms of the payment. In most cases there are terms saying if you accept the payment then you go away and can not claim any more.

 

[Deleted member 17143]

Thank you for your reply.
I meant 1000 hrs overtime.
so I tell the employer I do not accept their offer? I have let them know I need to be paid for my overtime

 

[Deleted member 17143]

they are offering that i leave work immediately despite my giving correct notice and offered time off in lieu payment of my notice period.
but no mention of my overtime. Only an ex gratis payment.1000 hrs overtime is worth about 27000