Employer forcing unpaid hours

[murraycod]

If you were to attend the weekend event, would they at least offer you those two days paid when you take time off with your IVF treatment?

[Mel_B1981]

Only if I use my A/L, RDO or personal leave. They won't give me additional 2 days to make up for it.

[LionsandBears]

Only if I use my A/L, RDO or personal leave. They won't give me additional 2 days to make up for it.

That's not right. Unless you're salaried and the job includes these things, then you should at least get time off in lieu.

[forshelby]

Is it in your contract? My understanding is that if you don't get paid - you don't work. Isn't that the whole point of employment?

As for mat leave, you can change jobs and still be elligable for PPL from the government. Or do you mean your employer also pays mat leave? You need to be working for 10 of the 13 months prior to bub's birth. It need not be continuous but there needs to be no less than 8 weeks (from memory) gap between work days, and it doesn't need to be FT either.

All the best!

[Mel_B1981]

My work colleague has spoken with the companies HR department and been told that what our manager is saying is completely false and that by law, her current position must be held for her. So she's planning on going to our manager and advising her that either she keep her current position for her or she will be leaving and not coming back at all.

As for the issue with the weekend work that affects both of us - I'm still waiting on Fair Work Australia to respond.

[Mel_B1981]

Just had a call from the Fair Work Ombudsman.
They are sending me through additional information via email.
Apparently, for the employer to make it "mandatory" (which they did) - all employees MUST be paid. "All employee training sessions" must also be paid for.

[little_O]

So what did they say to do about it?

[Rowellen]

Do you go to it? Or is it still upcoming?

Will you pass that info on to your employer?

[Mel_B1981]

Haven't looked over the links yet, but this is the email I was sent:

Dear Ms B

I refer to your enquiry to the Fair Work Ombudsman dated 16 January 2013 and your subsequent telephone conversation with a Fair Work Infoline Adviser on the 22 January 2013 regarding unpaid training sessions.

You should not be asked to work for free. Generally speaking, employees should be paid for all hours worked, including time spent:

§ In meetings;

§ In training; and

§ Opening and closing the business.

The link below provides further information on some of the more common unlawful work practices:

Workplace practices to watch out for

Given the issue you raise in your enquiry you may wish to take the following steps to resolve your concerns:

1. Determine your applicable minimum entitlements

Contact the Fair Work Infoline to determine which workplace instrument you are covered by and any outstanding entitlements (e.g. payment in lieu of notice, annual leave). Our Fair Work Infoline Advisers know that you make important decisions based on the information we provide. So we can provide quality and accurate information to you, in the fastest time possible, use the checklist linked below to help you gather the details that we may need when you contact us.

Information you need before you call

Our Fair Work Infoline Advisers will usually ask you all of the questions in this checklist. So, please find out as much of this information as you can before you call.

Once you have been given advice by a Fair Work Infoline Adviser, you can note down what we have told you about what you are covered by and what entitlements apply to you. The after call checklist has been prepared to help you write down the information we?ll provide to you.

After call checklist

Keep this document for the next time you need to talk to us, so that you can quickly get the advice you need each time. To speak to an adviser directly, you can call the Fair Work Infoline on 13 13 94 between 8.00 am and 6.00 pm, Monday to Friday. You may also wish to consult information available on the Fair Work Ombudsman's website at www.fairwork.gov.au.

2. Attempt to resolve the matter directly with your employer

Based on our experience in dealing with complaints regarding employee entitlements, many matters can be resolved without formal intervention from the Fair Work Ombudsman. In most cases you are encouraged to attempt to resolve the matter directly with your employer before we intervene. This can be achieved by discussing the matter with the employer, and, if such a discussion does not rectify the situation, then the matter can be put to the employer in writing.

If you can't approach your employer, or you've tried and it hasn't worked, you can make a workplace complaint to us. Sometimes this action will prompt your employer to attempt to resolve the issue directly with you. If you are comfortable to do so, you should work with your employer to resolve the issue.

Note: It's against the law for employers to threaten to dismiss employees for making a workplace complaint to us.

3. Lodge a workplace complaint

When someone makes a complaint to us, we?ll consider the information and make a decision about the best way to resolve it. We don?t investigate every complaint - other options include mediation and voluntary resolution. To make a complaint, you?ll need to fill in and lodge a workplace complaint form:

You can lodge a complaint with the Fair Work Ombudsman in one of the following ways:

· By contacting the Fair Work Infoline on 13 13 94 and requesting a complaint kit be mailed to you; or

· By downloading a copy of the complaint form and posting to the Fair Work Ombudsman, Complaints Assessment Team, GPO Box 2567, Adelaide SA 5001; or

· In person at one of our 26 offices across Australia.

A Fair Work Inspector or Mediator will contact you to discuss the circumstances surrounding your complaint. For more information on the Fair Work Ombudsman complaints handling process please see the link below.

Making a complaint

4. Seek independent legal advice

Please note that the Fair Work Ombudsman is unable to provide legal advice. If you require advice of a legalistic nature you may wish to seek your own independent legal advice or alternatively you may wish to contact Job Watch on (03) 9662 1933.

I trust this information has been of assistance. If you require further clarification, please call the Fair Work Infoline on 13 13 94 between 8.00 am and 6.00 pm, Monday to Friday, quoting the above reference number.

Yours sincerely

[Mel_B1981]

Do you go to it? Or is it still upcoming?

Will you pass that info on to your employer?

The conference was last weekend. I went to the saturday session.

Will definitely be passing it on once I have read the documents in full and cross checked against my contract to ensure they haven't got a clause somewhere that gets them out of paying.