Writing on behalf of my daughter who has just turned 17.
She took a casual job with a significant cafe chain franchise last year at the age of 16. She has been working there for somewhat under a year on a weekend basis and has been a keen and motivated worker and getting regular shifts. However she has not been getting payslips and has been paid cash in hand at the end of shifts - and a very rounded number $ amount rather than a calculated amount based on the hours she worked and a designated pay rate. (ie just been paid an arbitrary amount). Anyway she has just turned 17 and basically been told that she wont be getting any more shifts now, meanwhile she has become aware that her classmate has been engaged at the cafe - so it appears that it is not because of a lack of work available - and this classmate happens to be one year her younger - ie just turned 16.
Given there is apparently no performance issues, and in fact she received a text from her employer stating she was performing "great", I believe she has been stood down only because she has now turned 17 and the cafe would need to pay her an increased rate (not that her pay rate was being documented anyway).
This has been very damaging to her confidence given she is starting out and new to the workforce and it seems to me the cafe is seeking to exploit younger workers who might not know their rights as casual employees. I'm about to take this up with the Franchisor - ie the lack of payslips and payments not being done above board, and, the lack of ethics in standing her down once she turned 17 and employing a younger worker. Before I send that letter to the Franchisor, I wonder if there is any legal advise in this regard?
She took a casual job with a significant cafe chain franchise last year at the age of 16. She has been working there for somewhat under a year on a weekend basis and has been a keen and motivated worker and getting regular shifts. However she has not been getting payslips and has been paid cash in hand at the end of shifts - and a very rounded number $ amount rather than a calculated amount based on the hours she worked and a designated pay rate. (ie just been paid an arbitrary amount). Anyway she has just turned 17 and basically been told that she wont be getting any more shifts now, meanwhile she has become aware that her classmate has been engaged at the cafe - so it appears that it is not because of a lack of work available - and this classmate happens to be one year her younger - ie just turned 16.
Given there is apparently no performance issues, and in fact she received a text from her employer stating she was performing "great", I believe she has been stood down only because she has now turned 17 and the cafe would need to pay her an increased rate (not that her pay rate was being documented anyway).
This has been very damaging to her confidence given she is starting out and new to the workforce and it seems to me the cafe is seeking to exploit younger workers who might not know their rights as casual employees. I'm about to take this up with the Franchisor - ie the lack of payslips and payments not being done above board, and, the lack of ethics in standing her down once she turned 17 and employing a younger worker. Before I send that letter to the Franchisor, I wonder if there is any legal advise in this regard?
