JimmyXR6T04 Member 1,299 Member For: 19y 7m 1d Location: Canberra Posted 20/08/06 10:40 PM Author Share Posted 20/08/06 10:40 PM Jimmy, I have just spoken with one of my friends that does advocacy work for this kind of thing - surprisingly most of her work is in the hair-dressing industry. She has recommended that the first thing you do is contact an employee advocate. It will cost you a bit (but far less than a solicitor) but they will accompany your fiancée to any meetings and they are like pitbulls and know the relevant awards and legislation better than anyone else.Also under the new workchoices legislation you are entitled to get all copies of past timesheets and unpaid overtime and penalties can also be claimed for – that is if they are keeping timesheets like they are legally required.The normal process is to go in hard and then offer an acceptable compromise, but if they don’t accept then go all the way and milk it for all you can.Take the bastards to the cleaners ←Cheers mate it's good to know that we at least have a chance. It's not the fact that she still wants the job, more so that she wants her long service leave and leave entitlements. I guess we'll see what happens today.. I'll keep you all posted on what goes on. Where's the best place to contact an employee advocate?? Link to comment Share on other sites More sharing options...
tab Sucker Moderating Team 32,303 Member For: 20y 8m 26d Gender: Male Location: Brisbane Posted 20/08/06 10:55 PM Share Posted 20/08/06 10:55 PM Jimmy, I have just spoken with one of my friends that does advocacy work for this kind of thing - surprisingly most of her work is in the hair-dressing industry. She has recommended that the first thing you do is contact an employee advocate. It will cost you a bit (but far less than a solicitor) but they will accompany your fiancée to any meetings and they are like pitbulls and know the relevant awards and legislation better than anyone else.Also under the new workchoices legislation you are entitled to get all copies of past timesheets and unpaid overtime and penalties can also be claimed for – that is if they are keeping timesheets like they are legally required.The normal process is to go in hard and then offer an acceptable compromise, but if they don’t accept then go all the way and milk it for all you can.Take the bastards to the cleaners ←Cheers mate it's good to know that we at least have a chance. It's not the fact that she still wants the job, more so that she wants her long service leave and leave entitlements. I guess we'll see what happens today.. I'll keep you all posted on what goes on. Where's the best place to contact an employee advocate??←Not sure where you are, but either search for employment advisory or industrial relations in yellow pages. Or if she is in the union then they can point her in the right direction. Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 7m 1d Location: Canberra Posted 20/08/06 11:03 PM Author Share Posted 20/08/06 11:03 PM Jimmy, I have just spoken with one of my friends that does advocacy work for this kind of thing - surprisingly most of her work is in the hair-dressing industry. She has recommended that the first thing you do is contact an employee advocate. It will cost you a bit (but far less than a solicitor) but they will accompany your fiancée to any meetings and they are like pitbulls and know the relevant awards and legislation better than anyone else.Also under the new workchoices legislation you are entitled to get all copies of past timesheets and unpaid overtime and penalties can also be claimed for – that is if they are keeping timesheets like they are legally required.The normal process is to go in hard and then offer an acceptable compromise, but if they don’t accept then go all the way and milk it for all you can.Take the bastards to the cleaners ←Cheers mate it's good to know that we at least have a chance. It's not the fact that she still wants the job, more so that she wants her long service leave and leave entitlements. I guess we'll see what happens today.. I'll keep you all posted on what goes on. Where's the best place to contact an employee advocate??←Not sure where you are, but either search for employment advisory or industrial relations in yellow pages. Or if she is in the union then they can point her in the right direction.←cheers mate. I'm hoping it won't have to go to far.. if they just let her ride it out till september, pay her what she's entitled too, and we can forget the whole fiasco.. or if they wanna try play funny buggers after 7 years, then I'll take this as far as I possibly can without placing too much stress on Rach or my bank Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 7m 1d Location: Canberra Posted 22/08/06 12:24 AM Author Share Posted 22/08/06 12:24 AM just a quick update:She went to work yesterday, and the bosses said nothing.. Rach eventually approached her boss and asked her what was going on. The boss said that they have decided to keep her on full time, but they were in the process of writing up a new contract. Hmm, a new contract? she doesn't even have an old contract! Either way, it looks as though they might have done a back pedal when they realised we weren't gonna let them push Rach around. They probably also realised how bad it looks sacking a preggers woman. Pretty obvious what the new contract might include.. By the time they do the new contract though, it'll be almost time for Rach to say goodbye anyways.On top of that, Rach had a phone call from another salon (started by the mens side of her current job - they got kicked out too), and they asked her when she'd like to start. Obviously she'll start there as soon as possible, but being entitled to her long service leave on september 7th, she's gonna stick it out till then (maybe have a few sickies, and take a few days of rec leave). As soon as her long service leave comes up, she'll give notice of taking leave, and while on leave, she'll probably quit The best part of this;She can take her leave, get paid, but go and work at the other salon instead of having time off now. Then when the bub is born we'll have put away all that money from her leave, and she can then take unpaid leave from the new employer who have already said they're more then happy for her to do that. Gonna call workchoices tomorrow as she has the day off and we'll see what else comes of it all. Big thanks to everyone for all the help and advice I'll keep you posted on what happens, and what workchoices say.. always good to know where we stand in relation to this type of stuff. Link to comment Share on other sites More sharing options...
tab Sucker Moderating Team 32,303 Member For: 20y 8m 26d Gender: Male Location: Brisbane Posted 22/08/06 04:21 AM Share Posted 22/08/06 04:21 AM That's good news Jimmy Hopefully it will be a relatively painless exercise. Link to comment Share on other sites More sharing options...
wicksy still kicking around Member 1,789 Member For: 21y 9m 29d Gender: Male Location: Mackay Posted 22/08/06 05:32 AM Share Posted 22/08/06 05:32 AM glad to hear its all good mate, the bosses will write the contract then rach will tell em she quit, that would be classic Link to comment Share on other sites More sharing options...
G6ET8U Playing with Sports Bikes... Silver Donating Members 1,927 Member For: 19y 2m 22d Gender: Male Location: Whistling, GTX. Posted 22/08/06 05:45 AM Share Posted 22/08/06 05:45 AM Good to see it's working out Jimmy... Good luck mate!!Jack Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 7m 1d Location: Canberra Posted 22/08/06 07:00 AM Author Share Posted 22/08/06 07:00 AM Now for the bad news.. turns out Rach can't count. I think she got too excited about her long service leave. She did some more adding up today, and realised that she's only been there 6 years Either way, if it was only 6 years, it means she has no reason to stay there. It's not like she wants to be there for another year. But we'll still look into it tomorrow and see if she can get part payments or perhaps find out that she has actually miscalculated again and has been there 7 years. Link to comment Share on other sites More sharing options...
XRSICKT Member 1,032 Member For: 21y 9m 5d Gender: Male Location: Sydney Posted 22/08/06 01:40 PM Share Posted 22/08/06 01:40 PM lol, she can tell the employer she's been there for 7 years, by the sound of their book keeping, they probably won't know better and won't be able to do anything about it if they ever realise.Good way to get em backI'm just a scammer aren't I.. Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 7m 1d Location: Canberra Posted 22/08/06 10:48 PM Author Share Posted 22/08/06 10:48 PM lol, she can tell the employer she's been there for 7 years, by the sound of their book keeping, they probably won't know better and won't be able to do anything about it if they ever realise.Good way to get em backI'm just a scammer aren't I..←might try it Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now