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VIC Unfair Treatment by Dodgy Company - What to Do Under Employment Law?

Discussion in 'Employment Law Forum' started by Shazzy Deal, 6 January 2016.

  1. Shazzy Deal

    Shazzy Deal Member

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    Hello Everyone,

    My partner began work for a trucking company in August 2015 and, after 3 weeks of working there, they offered him full-time employment. As per his employment contract, he is not a probationary period either.

    For the past couple of months, he has noticed that his wages were a little on the light side and also started to notice the unfair and incorrect treatment, e.g instead of time and a half or double time overtime rates, he was paid time and a quarter and time and a half, was forced to work overtime even though they refused to pay the correct wages, was not allowed time off and was not paid when there was no work even though his contract clearly states that he must be offered no less than 40 hours per week and was constantly threatened with being fired if he questioned anything.

    After receiving another short wage over the Christmas break, he approached a member of the management team and asked her to explain why. She instantly became offended but offered no reasoning. After making up excuses and saying that he did not appreciate his job (even though he has worked 75 hour weeks without even as much as a lunch break and with less than 12 hours notice regarding constantly changing start times). The meeting was 'cut short' as my partner had accidentally dialed my number and I was yelling down the phone to let him know he had called me. She accused him of having me on the line during the entire meeting on purpose, told him it was illegal and said the meeting was over.

    He received a call from one of his other managers roughly 20 minutes after the meeting but missed the call as his phone died. When he finally checked his voicemail at 7 pm this evening, he noticed he received a voicemail message stating that he was no longer required and that they were terminating his employment with no reason given. The voicemail message was left at 3.16pm yet a text from received from the same person at 3.19pm stating that the job he had been assigned for the following day was cancelled? (this action makes no sense)

    I am looking for help on all of the above under Employment Law. I know it's a lot to take in but trust me, there is a lot more that they have done, e.g the person who trains their drivers on all constructions sites currently has no drivers licence as he lost it due to drink driving; they force drivers to work 14-15 hour days without breaks or financial compensation, refusing time off even when requested due to long working hours on a regular basis.

    We have evidence and am more than happy to take this company to court as it is very obvious that they did this to my partner because he questioned his wages and pay structure.

    Many thanks in advance <3
     
  2. mickyrat

    mickyrat Member

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    Hi, do they have a workers union?
     
  3. Shazzy Deal

    Shazzy Deal Member

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    Hi Micky, not that I am aware of. A large majority of the drivers are going through the exact same issues but are too scared to speak up. They threaten each driver with being fired if they speak up.
     
  4. JS79

    JS79 Well-Known Member

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    How much money do they owe him in lost wages/accrued sick pay/lack of notice? Is the business a pty ltd company?
     

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