Employment Termination - unpaid wages advice?

tld_06

Likes Bikes and Dirt
Alright, google hasn't brought up an answer so I'm throwing the gauntlet to a Smorgasbord of forums.

Found a job through a mate late last year, one of the bigger hifi white goods franchise chains. Rock up for the interview and all is dandy, get told I have a job. Start the following week without signing any contracts, giving any information. Comes up to first pay day and there's no money for me. 'Youve been working here less than a full week, I'll pay all of it next week.'

All good I say, being the first week trying to learn the systems, getting to know everyone I just shrug it off. Working my guts out, delivering 600L fridges on my own up stairs, etc, the usual hard slog for the new employee.

The next week comes up, still no signing of papers or giving of tax file numbers. Payday arrives, and I'm all excited. "Sorry, don't have the money today, sales have been down."

Right. Two days pass and the boss calls me over. 'Time to do your pay'. I proudly hand over my time sheet with 50odd hours on the board. Here he tallies up the hours then hands over a measily $540. I queried him on it. His explanation "oh, I only pay one week at a time".

Boy did that wipe the smile from my face. But still it was work, and consistent work had been few and far in between for me. So I sucked it up and continued on.

This repeated itself for the 8 weeks, with me asking for payslips almost daily, to his reply of "ok mate". $540 here, $400 there. All paid in cash out of the till. (Yeah I feel pretty stupid now). He assured me this was all ok.
Still getting charged a 30 minute break every day even though there was no break and most days didn't even get to eat lunch.

Now all of this came to a head last Thursday, when I found out that I'm officially off the books. And that my tax wasn't getting paid, and that I was getting paid $10 per hour under the award rate, hence no tax.

That's a big issue for me, especially since Centrelink were on me a few years back about tax issues with my account.

Now you might tell me to suck it up, this happens everywhere, but the issues now is that I'm A: owed a weeks worth of wages, and B: injured from lifting a fridge in to a van without help.

But here's the kicker, I currently am in possession of his motorbike that I had picked up weeks earlier. We agreed that I would pay it off when I had the cash ($1000).

What in the bloody hell do I do here? I have no receipt for the bike, so can't get it registered. But I do have all the paperwork.

Now the boss won't reply to anything in writing and the bike is sitting at my mechanics. He will not commit to any of my offers in writing, and I won't have anything to do with verbal offers.

Obviously there are the authorities/governing bodies to inform if it all turns to shit, but are there any other options here?

Opinions, constructive criticism welcome; harden the f**k ups aren't.
 

PINT of Stella. mate!

Many, many Scotches
Well apparently online guerrilla warfare is the thing to do these days although I'm not entirely sure what that entails. Something to do with twitter and Facebook I gather. However having studied guerrilla warfare in the past (VietCong, French Resistance, Taliban etc) it probably wouldn't hurt to dig a series of tunnels underneath your employers property and landmine the fuck out of his garden*

*I've seen Platoon, Rambo 3 and numerous episodes of 'Allo 'Allo so consider myself quite the scholar on these matters
 

tasty.dirt74

Likes Bikes and Dirt
As you are off the books, the boss could just deny, deny,deny.. Bad situation to be in. Sorry, no clever advice.... just sympathise with you and the situation you are in...

'allo,allo..... what a classic. Up there with dads army !
 

mars mtb

Likes Dirt
Buddy,

I am not a lawyer, I am just old and know a bit of shit from experience, but you need a lawyer, especially as you have been injured as well which could have longer lasting effects, and it sounds like you're a stand up guy with a good work ethic. This is not a game when personal injury and exploitation comes in, whereas exploitation on its own whilst wrong could be put down to experience, when you are hurt, game on.

Begin with the fairwork url as provided by rotorub. Also get onto them and get it on record.

Furthermore if he is cheating you on pay and workcover he is cheating the ATO (tax man) so you have some support.

Also write eveything down NOW if you have not already done so, but I am sure you would have already diaried all details including dates etc (don't answer that in this forum, but you get my drift here). Document every doctor visist, every panadol, eveything, how you are feeling, pain, things you can't do etc it will all matter if this goes heavy and your injury is not short term.

This major white goods provider from your explanation as though he has 'form'.

If you are in Victoria and get stuck for a lawyer I know a guy who I grew up with who is a leader in this area that I can vouch for his ability. PM me and I can preface a call etc.

Hopefully with the ATO and Fairwork you are on a good start.

Good luck mate.
 

Blackheath

Likes Bikes
Get in touch with the fair work ombudsman they are very helpful and will be able give you advice. Chasers are the lo life has done it before go nuts on him.

Please keep us posted and good luck.
 

driftking

Wheel size expert
I think the best advice is as above and contact the right people.
As for now, what I would do anyway, i would talk to people you worked with and even people you delivered to and get a statement off them in writing to prove you worked there on there word. If there are any places you went that had cameras you could even consider trying to get footage of your work and delivery. Anything that can prove you worked there will help as it sounds like this guy has got zero evidence of you working.

I wonder if he is in the shit and struggling to keep the business afloat, cheap pay, off the books, no tax, cash in hand, delaying payments. sounds like his having money trouble.
 

indica

Serial flasher
Call the ATO and get the cunt audited. He will go down.
But.... you are a fool for letting it go so far.
 

Mywifesirrational

I however am very normal. Trust me.
Depending what state you live in Legal Aid may be of a lot or no help.

http://australia.gov.au/services/service-task/apply-for/apply-legal-aid

I second the ATO, really helpful when you call - they have a lot of power - any sane business owner does not want to come t their attention.

Also let centrelink know what has happened, often you get a moron, but occasionally.

So easy to see how this has snowballed for you, you expect people to be decent...
 

tld_06

Likes Bikes and Dirt
Appreciate the feedback. Now that I look back on it, i feel hella stupid not clicking earlier. Such an obvious thing he was doing.

Already contacted legal aid and had a quick chat today. They suggested Fair Work Australia and worksafe which will be contacted Monday morning.

Now, what to do about the bike...
 

tld_06

Likes Bikes and Dirt
As far as proving I work there, already have 2 signed statements and print outs from supplier log ins.

Should be decently covered there.

God I feel stupid, last time I trust an employer.
 

mars mtb

Likes Dirt
Don't beat yourself up mate, this will get sorted one way or the other.

The only thing I failed to mention in my initial post to you was in refernce to the bike. Did he give you any paper work? Was there any money down? If he has given you no paperwork is it actually his to sell, swap or other, is it hot? Did he stooge you, did he stand over or bully you into taking it?

These are just a couple of questions that you need answers to in assisting to paint a picture of the whole scenario.

Start typing and log all your detail down, times, dates etc (again you have already done this if you get my drift).
 

driftking

Wheel size expert
Appreciate the feedback. Now that I look back on it, i feel hella stupid not clicking earlier. Such an obvious thing he was doing.

Already contacted legal aid and had a quick chat today. They suggested Fair Work Australia and worksafe which will be contacted Monday morning.

Now, what to do about the bike...
I think its the same thing with the bike, information.
As above what were the circumstances it was given, purchased etc. Was it a compensation deal, was it separate from this work case.
Maybe spend the what 30bucks to get a full revs check on the bike, find out if its stolen, find out what he sold it for and what its really worth. treat it as anything else get the full picture of events, what was said, what was implied, what the reasons were for everything that happened from the start to the finish.

Sure it will take a while but worth to have it all sorted.

anything tied to this guy, know it inside and out.
 

MARKL

Eats Squid
The above is all good advice. With regards to the bike, if you haven't paid anything for it yet I would return it with a firm "deal is off" (but do it under the direction of your legal advice). You have seen his ethics and how he runs his shop already so undoubtedly you will have problems with it - even if you don't it will remind you of him every time you look at it.
 
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Wellsey

Likes Bikes and Dirt
If you're going to take him through fair work, don't keep the bike. Get it back to him asap, otherwise it will be an issue for you later. You want to be as honest as you can possibly be, and not give him any ammo to use against you. Just get the bike back to him.

Also disclose the bike situation to fair work. They probably wont care, but it wont be a surprise if he tries to bring it up later.

Don't worry about getting in trouble. The ATO and fair work love these guys and will eat him up.

Your mate might want to look for another job though.
 

Plow King

Little bit.
Good luck. I hpe you get a fat payout. Milk your injury for all its worth. dickheads like this need to learn the hard way.
 
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