LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Employment Law - Unfair Dismissal?

Discussion in 'Employment Law Forum' started by ellen00123, 23 May 2015.

  1. ellen00123

    ellen00123 Member

    Joined:
    23 May 2015
    Messages:
    2
    Likes Received:
    0
    HI all I am seeking help regarding to unfair dismissal
    Here is the instance: I work in a small business company for a month, and last week I have been so sick which I have told the employer to get three days sick leave (with medical certificate). But today, i found out that i have been fired, becuase the boss thinks I did not respect him (becuase of asking for sick leave). The employer owes me 1 week salary, and he refused to pay me back.
    Further notes:
    • I did not give my Tax File Number (TFN) to the employer because he only pays me $5/training hour and $ 10/ per hour after training is done.
    • I hold a student visa which have 20 hours limit (as he paid me low salary, therefore i have to work more than 20 hours because of living)
    • I worked around 20 to 25 hours per week
    Due to this instance, can anyone tell me what I should do to get my salary back?
    thanks in advance
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Ellen,

    You should check the relevant award, but the minimum wage in Australia is around $17 per hour, so I am quite confident that your employer owes you the difference between what he has been paying you and what the award is for your industry.

    You are also correct in that employers are not allowed to dismiss employees for being unwell (including casuals).

    You have 21 days from the day of dismissal to make an unfair dismissal claim to the Fair Work Commission. I suggest that you start by calling Fair Work Australia straight away and discuss with them your situation, including both the dismissal and the amount of money you were paid as well as the hours that your employer has refused to pay you for.

    The phone number for Fair Work Australia is 13 13 94.
     
    Sophea likes this.
  3. ellen00123

    ellen00123 Member

    Joined:
    23 May 2015
    Messages:
    2
    Likes Received:
    0
    Thanks for replying.
    The employer did not give me any payslip, will it matter?
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Ellen,

    You should talk to Fair Work Australia about what kind of evidence will support your claim. Do you have messages or emails that indicate when you were rostered on to work? Maybe another employee can verify the hours you worked and what you were paid?

    Bank statements or deposit slips could also help to show how much you were paid.
     

Share This Page

Loading...