I started working in October last year as a welder at $27 ph in a engineering workshop . I was asked to work overtime so i averaged between 7 to 15 hours per week. Stupidly i never looked at my emailed payslips until three weeks ago after working 17 hours OT and discovered i only receive time and a half, no double time and they also have 40 hour work week not 38 hour work week . I emailed the pay lady to inform them about my concern only to receive a somewhat degrading email about how i should be grateful for my job and i should get a pay deduction. Then the next day i received a confidentiality agreement to sign.i felt like i was being intimidated like if i sign it I'd be sacked. Long story short now im unemployed. Not happy at all
VIC Not paid double time
- Thread starter Hobbo
- Start date
You may have a case for unfair dismissal as well as back wages.
How long ago were you sacked?
What did you sign and when was it signed in relation to your termination?
How much did you think you are owed in total?
What award were you on?
How long ago were you sacked?
What did you sign and when was it signed in relation to your termination?
How much did you think you are owed in total?
What award were you on?
Hi Rod, thanks for responding.
This happened the week before Easter, I'm under the manufacturing and related industries award. I was never told at which level I was being employed at but I was employed as a welder at $27ph with no formal qualification ( which he knew at the interview) I have 15+ years experience in the steel industry.
I had an argument with the owner who is also the GM because he told me I went about it the wrong way (questioning OT and 40hr work week). The conversation got heated quickly and only verbally, I felt a lot of pressure to sign the confidentiality agreement and all morning prior to the argument he was clearly angry with me and let me and all the staff in the office know it by his actions. So I told him i needed time out and I left the factory before things could escalate further. I took my welding mask with me and went home. The next morning at 6am I sent him a txt asking if he still wanted me to come in and he didn't reply so I sent 2 more txts, one of them asking if I still had a job which he also didn't reply to. At 6.30am I sent another asking if he wants me to bring the key back and he replied at 10am saying yes that would be great. I called him at 4pm that day to try to sort it out and he said that I had abandoned my job.
I didn't sign the confidentiality agreement. I also haven't added up what I'm owed.
Apparently they are in going by the award flexibility clause within the manufacturing and related industries award and can basically do whatever they like. I have an issue with this because when I started there they didn't say anything to me about not paying double time or the fact that they have a 40hr work week.
I am still waiting for my separation certificate.
This happened the week before Easter, I'm under the manufacturing and related industries award. I was never told at which level I was being employed at but I was employed as a welder at $27ph with no formal qualification ( which he knew at the interview) I have 15+ years experience in the steel industry.
I had an argument with the owner who is also the GM because he told me I went about it the wrong way (questioning OT and 40hr work week). The conversation got heated quickly and only verbally, I felt a lot of pressure to sign the confidentiality agreement and all morning prior to the argument he was clearly angry with me and let me and all the staff in the office know it by his actions. So I told him i needed time out and I left the factory before things could escalate further. I took my welding mask with me and went home. The next morning at 6am I sent him a txt asking if he still wanted me to come in and he didn't reply so I sent 2 more txts, one of them asking if I still had a job which he also didn't reply to. At 6.30am I sent another asking if he wants me to bring the key back and he replied at 10am saying yes that would be great. I called him at 4pm that day to try to sort it out and he said that I had abandoned my job.
I didn't sign the confidentiality agreement. I also haven't added up what I'm owed.
Apparently they are in going by the award flexibility clause within the manufacturing and related industries award and can basically do whatever they like. I have an issue with this because when I started there they didn't say anything to me about not paying double time or the fact that they have a 40hr work week.
I am still waiting for my separation certificate.
Firstly - you have 21 days from day of termination to lodge a dispute about termination with the Fair Work Commission.
You may have what is called a constructive dismissal. What is against you is not turning up to work the following day coupled with you leaving early the day before. You may be entitled to a notice period as well but that depends on whether you walked out or were sacked. This is not clear cut based on your description and may well depend on undisclosed facts. If you want to do something recommend you write your story down now before the details fade from your memory.
In either case you may have a right to overtime but it depends on the detail of hours worked each day. You'd need to sit down and look at each week and see how that fits with the award that allows 152 hours in 28 days.
So if you want to see if you are owed money you need the number of hrs each day, which either you have in your possession or you request from the employer, then either you or a lawyer works out if overtime should have been paid, and if so the amount that should have been paid.
You may have other actions against the employer but you need a lawyer to work through the detail.
As part of a settlement a lawyer will attempt to get a 'reference' or statement of service if you need one.
Reinstatement might be something to consider as part of mediation.
Ball's in your court.
You may have what is called a constructive dismissal. What is against you is not turning up to work the following day coupled with you leaving early the day before. You may be entitled to a notice period as well but that depends on whether you walked out or were sacked. This is not clear cut based on your description and may well depend on undisclosed facts. If you want to do something recommend you write your story down now before the details fade from your memory.
In either case you may have a right to overtime but it depends on the detail of hours worked each day. You'd need to sit down and look at each week and see how that fits with the award that allows 152 hours in 28 days.
So if you want to see if you are owed money you need the number of hrs each day, which either you have in your possession or you request from the employer, then either you or a lawyer works out if overtime should have been paid, and if so the amount that should have been paid.
You may have other actions against the employer but you need a lawyer to work through the detail.
As part of a settlement a lawyer will attempt to get a 'reference' or statement of service if you need one.
Reinstatement might be something to consider as part of mediation.
Ball's in your court.
Similar threads
