VIC Unfair Treatment in a Cafe - Employee Rights?

Discussion in 'Employment Law Forum' started by BlueKia, 22 May 2019.

  1. BlueKia

    BlueKia Member

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    Hi all,

    I have a few questions regarding my employment, a lot of my manager/business owner's behaviours seem very suspicious and I wanted to know whether they are breaking any employment laws/industry awards.

    1. Shifts being pushed back and cancelled. The last 3 weeks I have been rostered on for Monday and Tuesday from 9-2. Every week for both shifts, my start time has been pushed to 11, 12 and then cancelled on me.

    2. On two occasions, my manager (who also owns the cafe) has threatened to terminate my employment contract. The first was after I asked to have a specified day off with 2.5 weeks notice. The other was when a fellow employee and I were having a conversation out back, we were still working but had stopped for a second (admittedly not doing our job as best we could).

    3. I don't have proof of his intentions but following both of the above instances, my shifts have been cut immediately following the events.

    4. Workers are paid the same rates on Saturdays and Sundays but from what I understand, Saturdays are 1.25x and Sundays are 1.5x. I'm 18 and have been employed for 5 months. My weekly wage is $16.50 and my weekend rate is 19.5. I work as a cafe all-rounder or floor worker.

    I was hoping to find out if any of these are breaking industry awards or are breaching any employee rights.
     
  2. BlueKia

    BlueKia Member

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    Edit*
    All times my shifts were cancelled. I have been given 30 minutes or less notice. I also showed up for a shift, was told that he "forgot to call me" and then sent home.
     
  3. Rod

    Rod Lawyer
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    Yes, looks like they are breaching award provisions, and that is without me even confirming which award.

    Keep a log/diary of all these events and call me to discuss. It is likely if you take any action you'll lose your job so it will be best to start looking around for another one.
     
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