QLD low wages and detail

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21 April 2017
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Hi

I’m writing on a case about my former employment, I think my former employment underpaid me, and I need some bits of advice on this case, I am happy to find this service online.

I had worked for Chinese tourism company on a casual basis from last July to November, and I had to drive their minibus to pick up and transfer tourist, and also did the tour guide and interpreter job on location. The working hour might reach 12-13 hours per day, and they pay me by daily rate around AUD 150. I understood later this was not legal payment. Based on the fair work ombudsman’s award, they should pay me totally 7160.97, they only paid me 3646.8, 3514.17 owed.

I have the itineraries they send me and shows the working arrangement, it is solid evidence shows the working hours. Besides that, I have the working code they sent me by email shows that I worked totally under their control, I also preserved all the email correspondent with them.

I went to see a solicitor of the local community legal centre and the solicitor sent some letters to the employer for me, but the employer still argued that I was an independent contractor despite I hadn’t had an ABN until the end of last August for other purposes. The help from legal centre was terminated after a few of correspondent with the formal employer and the solicitor said I should go to the federal circuit court.

I think my stuff is quite solid to prove the underpayment, but there are also some facts which are not advantageous to me, I think. Th problem is that I received the payment with my mother’s card, whose annual fee could be waived if I deposit some money into it every month, my mother was not in Australia at that time. However, the employer didn’t reject this card while they fully understand the card in not under my name. Another headwind factor is that the itineraries are partially in English, and I need to translate them before submitting them to the court, and furthermore not all content on those itineraries is for me, a considerable volume of those itineraries are about other employers in other Australian cities, I mean the employer mix all the arrangements of different cities together to make one copy for all employees.

So, could please you tell me
1, the fact that I used my mother’s card will affect the result of the case?
2, when I have the itineraries translated, can I just translate my own part?
3, can I ask the employer to pay the translation fee?

I appreciate your help
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,
Using your mothers card could be used against you with regard to honesty and integrity, or maybe not. If you translate anything the court could reject it as evidence and if I was your employer I would refuse to pay translation fees, you are the one that wants the translation done not them. You will need to engage a new lawyer if you want to proceed.