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NSW Is Unpaid Work Legal Under Employment Law?

Discussion in 'Employment Law Forum' started by Aysia, 18 August 2016.

  1. Aysia

    Aysia Member

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    I recently got a permanent part-time position in security. I have been a security guard for 8 years. I signed all the paperwork and received a letter of offer. I commenced work - three-day training for site specific duties, then on to work, solo.

    At the end of the three days of training, I decided I did not want the job and resigned. I left voicemails and sent an email. No one contacted me. One week later, I was expecting to be paid for the 13 hours I had completed. I filled out a time sheet, etc

    When I contacted my supervisor to follow up, he told me that it was a trial period and unpaid work. There was no indication or paperwork stating that my training was unpaid. Is this legal under employment law? Do they owe me money? Or did I just lose 13 hours of my life? I know it's not much money. But still.
     
  2. Victoria S

    Victoria S Well-Known Member

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    What did your training involve? Did it consist of productive work for the employer?
     
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  3. Aysia

    Aysia Member

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    The training was site specific lock up duties and routine patrols. I engaged in normal work duties.
     
  4. Rod

    Rod Well-Known Member

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    You should be paid for the 13 hours.

    Need to be careful of the employment contract conditions. Make sure there are no 'payback' clauses for training if you leave within 'x time'. If there is it may be worth more to them than the 13 hours work you did and you could end up owing them money.

    Also consider whether you want future work in the industry. If you do, possibly consider the 13 hours as unpaid training. Word can and does travel so it may not be prudent chasing something of small value when future job prospects are of much greater worth to you.
     
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  5. Aysia

    Aysia Member

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    Thank you.

    I've been in the industry 8 years and walked out of that job into a full-time job and a casual job. I also want to be paid on principle not because of the amount.

    From here, though, what is the next steps in the process? I contact fair work and they just told me to seek legal advice.
     
  6. Rod

    Rod Well-Known Member

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