Wednesday, 1 April 2015

On the warpath, part II

If you've missed my first 'missile' fired off to the wrong Ombudsman, take note, the ombudsman I really should have addressed my complaint to in the first place, was the Fair Work Ombudsman.

I'm not sure how much trouble this dodgy cunt will get into as a result of this. Possibly none at all. But my next email will be to the VACC, of which he's a member. Then again, are many workshops like this? I don't know.. But certainly it isn't the case at my current workplace, a major dealership in Melbourne.

Me fitting (or perhaps removing) a tyre during my earlier days at the former workplace. 


My former employer has almost always paid me late, on average by three days or so. Paydays are officially Thursdays, but frequently I would get my pay by the following Monday or later, usually after repeated reminders both via text messages and in person while at work. My phone records, payslips and bank statements will corroborate these allegations.

There are times when I have received my pay as late as one week late, leading to various cash flow issues at my end. Not once has there been an apology, nor does it really matter as I believe it is an employer's legal obligation to pay their employees in a timely manner.

Payslips only started arriving in December last year, and these too, have usually been tardy. I have recalled at most two occasions in my nine months of employment that I have received a payslip on time. Usually, the late pay is a bigger buggeration.

I had a verbal agreement with my former employer that he would help me set up a Super Account with MTAA. He provided me the official form which I duly filled in and handed in to him some time in July or August 2014, which was at least a month after I started my employment at ______. He claimed verbally that he had submitted the form electronically and I left it at that. I would ask for updates every fortnight or so and hear the same reply.

In November 2014, I called MTAA and they had no record of any form submission and thus had no account under my name. I took matters into my own hands and submitted the form via hard copy, registered post, and my MTAA account was online in less than a week. It was around then that my original form surfaced 'magically', but I decided not to call my former employer "a liar" to his face, though I could guess the truth.

This was six months after I had started employment and by right, I should have had two super payouts by then. I had to chase further for my Super, and only got payment in the form of bank transfer, in FEBRUARY 2015.

Since I left without notice on 13 April 2015, I have not received the remainder of my Super owed to me, which is approximately $180. Instead, my former employer claimed that he does not have to pay, as I left without giving him notice. The kicker though, is that I never had a contract drafted by him. Thus while I am aware that the general industry practice is two weeks notice, I refused to give him notice as I didn't wish to have to chase for my wages while trying to settle in at my current employment.

Now, I am earning more than double what I used to, and the $180 owed whilst not terribly significant, is a matter of principle. Both my former supervisors at _______ are/were regularly paid late, and my first supervisor had to return to _______ to collect his outstanding Super in person after he had quit, as my employer never paid him his dues.

I'm not sure such flagrant disregard of employee rights is condonable. The thing that gets me about this whole debacle is my former employer's apparent nonchalance when reminded of his debts. I hope he can be taken to task and I will be willing to testify if any legal action is to be taken against him.

I'll still have to print the whole form out, sign it, and mail it to South Australia where Fair Work is based. So you guys in sg, count yourselves lucky in this regard, perhaps. You may not have much in the way of workers' rights, but at least when it comes to getting things done, it's convenient.

In my next post, I will be talking about The Green Home, where some 'inconvenient'-to-fit auto components end up, if a mechanic is dishonest/incompetent/lazy enough. Do you know if your mechanic is honest or competent?




-S

2 comments:

  1. they will get into trouble. question is whether it is the level you would like to see

    ReplyDelete
  2. Recently there has been quite a bit of coverage on underpayment of vulnerable workers, especially migrants. Approach a news outlet like A Current Affair etc and this will speed up the process.

    ReplyDelete