NSW Work for one company, but forced to do unpaid work for another

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Green meadows

Member
24 June 2021
3
0
1
I work in a office support role for a top tier law firm in Sydney, one of my roles is to book couriers. The employment contract I have signed is with this Law company.

My problem is & anyone else in the law company who books couriers is - the managing partner for our Sydney office uses our Law firm's company account to operate his second business out of (A Winery). Charges for that Winery business goes onto the Law companies accounts books, often the costs are written off or "swept under the carpet" by the Regional director of operations.
We book couriers to get his wine from the farm & to move around the state to get bottled & labelled than onto retail shelves.

It causes conflict issues when we need to set aside Law firm work & then often spend hours to prioritize to do his business' side work, which due to his brief & disorganized nature of running his side business is often chaotic & disruptive.

What entitlements do I have as a worker of the law company do I have?
I'm forced in my position at a law firm to do unpaid work for a Winery, & I'm thinking of just quitting and changing employers.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Are you paid by the law firm for the time you take to do this work for the winery? In other words, do you: 'clock off' from the law firm, perform the work for the winery, then 'clock back on' with the law firm?

If you are being paid for the time spent organising the run around for the winery then it is not unpaid work. And, if the tasks you are expected to do for the winery are within the reasonable ambit of your existing tasks with the law firm - then as long as you are being properly remunerated for that level of work you can't argue that you are being underpaid.

The only angle I can see is if you are being negatively affected for any inability to complete work for the law firm because you are expected to provide services for the winery.
 

Green meadows

Member
24 June 2021
3
0
1
Unfortunately no, I'm not paid for the time I work on doing for the winery, there is no clocking on or off. The unspoken agreement is that we do it during normal work hours "unofficially".

For instance yesterday, I usually finish at 4:30pm & i'm not paid for time after that.
I got a urgent request from the managing partner to send wine bottle labels from a supplier to a bottle maker at 4:20pm. I ended up working until 5:30pm doing his requests for his wine company, without extra pay.

It negatively effects me, because im working outside of my work hours without re numeration & on my private life (I missed a GP appointment I had at 5:45pm).
 

Green meadows

Member
24 June 2021
3
0
1
The only angle I can see is if you are being negatively affected for any inability to complete work for the law firm because you are expected to provide services for the winery.

This does happen, the expectation from management is that when it comes to the managing partners wine business, we are to prioritize that above law firm matters.
And we frequently do, because he does things at the last minute with tight deadlines which sap time away from the law firms matters that we may be working on.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Re payment: Unless you are on a salary, expected to put in reasonable amounts of overtime, and compensated enough that the salary you are paid remunerates you for the amounts of overtime you actually do - then I'd be having a word to the HR department. Law firms are notoriously for milking time and not paying, although that has come under the spotlight for rectification in the last few years.

If your time actually worked, regardless of who it is for, is covered by a sufficient salary then it is arguable that you have been paid for your time.

It's a bit rich making you miss an appointment outside of your working hours - however, it is relevant as to whether they were made aware of it.

Re negatively affected: This is only relevant if you personally suffer (such as via receiving a warning for not being productive enough). If it only affects the law firm, that's their problem - not yours - as it is an allocation of resources issue.
 

Tim W

Lawyer
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