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TAS Employment Law on Unpaid Overtime on Full Time Salary?
- Thread starter Deleted member 17143
- Start date
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- employment law
You have two options:
1. Put your information into a letter and send it to the employer with a demand for payment and see how they respond.
2. See a lawyer who will properly prepare your letter and send it.
Up to you as to how confident you are in writing a letter that covers all your issues (overtime, accrued leave, super, other).
This may well be true, however a lawyer would need to look at the detail before giving you advice. Implied consent may be in play but the detail here is important.
1. Put your information into a letter and send it to the employer with a demand for payment and see how they respond.
2. See a lawyer who will properly prepare your letter and send it.
Up to you as to how confident you are in writing a letter that covers all your issues (overtime, accrued leave, super, other).
This may well be true, however a lawyer would need to look at the detail before giving you advice. Implied consent may be in play but the detail here is important.
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Deleted member 17143
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Deleted member 17143
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The employer says that they are unaware I worked long hours, completely unaware. Despite saying to me " be careful you don't burn out".
Pls explain implied consent
Pls explain implied consent
Implied consent is where there is no express request asking you to work overtime, but because of the quantity of work they ask you to do, or you saying you need to work back to complete the work, then it may be implied they consented to the overtime. This is tricky area of law and depends on what was said by whom and to whom and when.
There at least two ways overtime may be owed but a lawyer would need to help if the employer continues to refuse to play ball.
Yep. Welcome to modern working conditions in the country that believes in a 'fair go'. There are many things that are unfair in employment law and you are experiencing some of them.
There at least two ways overtime may be owed but a lawyer would need to help if the employer continues to refuse to play ball.
Yep. Welcome to modern working conditions in the country that believes in a 'fair go'. There are many things that are unfair in employment law and you are experiencing some of them.
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Deleted member 17143
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I have accepted their offer. However it has been because I am too exhausted to continue there and just want to get out. Over a year of working 50, 60, 70, 80 hour weeks under duress jas taken its toll on my health, marriage and sanity. And the downside is 1000 hrs of overtime unaccounted for, insulted by employer who says I should have farmed extra work out to my subordinates/colleagues instead of working long overtime, says that he was totally unaware of the hours I was doing despite being head of company, saying that I did not make him aware of overtime, says I resigned with the intention of making a claim, says the overtime was never approved (despite putting me under duress to complete the work of 3 people, and contacting me aggressively on weekends and at nights asking why I was not working). I was an assistant with no manager to report to and no assistant under me with equal skills to help. Saying I ignored their instruction to farm out work to subordinates (who were unskilled in computer programming and could not possibly do the work, they only did data entry), saying remuneration covers hours required. (it only covered reasonable overtime of 5 hours a week. I was doing 60, 70, 80 hours a week work and too scared to complain in case I lost my job). When I mentioned it on a few occasions my boss said: "I work long hours too" and "don't burn out with the job". The employer has finally said if I don't accept the offer of TOIL and work my remaining time they will take away ex gratis payment. I have had no option but to accept.
But do I have a case for anything now that I have left. I feel I need compensation, that this company should be exposed (this has happened to previous workers in this job position), in order to prevent them from repeating this treatment to the next person.
But do I have a case for anything now that I have left. I feel I need compensation, that this company should be exposed (this has happened to previous workers in this job position), in order to prevent them from repeating this treatment to the next person.
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Deleted member 17143
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No problem, and pity you are so rundown you can't better pursue your rights. I suspect a lawyer would have helped you.
Leaving doesn't affect your rights. Accepting and agreeing to a separation agreement will.
Leaving doesn't affect your rights. Accepting and agreeing to a separation agreement will.
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Deleted member 17143
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I have accepted offer in order to get out. The employer became unpleasant regarding my request for overtime payment. I could not continue working there.
But having accepted, what rights do I now have?
1. Forced to leave
2. Requests ignored
3. Poor working conditions
4. Duress to perform tasks without support
5. Insufficient tools to perform task (broken computers)
6. Lack of duty of care
7. No personal time and family time
8. Physical health affected
9. V large amount of work for only one person
10. Poor treatment by employer
11. Employer continues this way with next applicant and so on
But having accepted, what rights do I now have?
1. Forced to leave
2. Requests ignored
3. Poor working conditions
4. Duress to perform tasks without support
5. Insufficient tools to perform task (broken computers)
6. Lack of duty of care
7. No personal time and family time
8. Physical health affected
9. V large amount of work for only one person
10. Poor treatment by employer
11. Employer continues this way with next applicant and so on
