This week’s latest offerings:
Unlawful pay deduction (Australia)
Changing terms after a TUPE transfer
Term-time employment and holiday entitlement
Change of role when work is slack
Changing working hours without permission and not paying extra
Working less hours, but just as productive. Should you receive the same pay?
Resignation due to bullying. Grounds for constructive dismissal?
Can an employer unilaterally change the overtime rate?
Unable to take holiday due to long term sickness absence
Asked to work a 16.5 hour day - not comfortable with it
Unlawful pay deduction (Australia)
Q. Hi, The question is, my employer has not paid my monthly wages in full. I received an WhatsApp message to say that I would only be receiving $1600 out of a monthly pay of $4370. This is the 8th this has occurred in a 2 year period. I’m in Brisbane, Australia. Due to poor revenue they are unable to make the full monthly payment.
A. Please note I work in the UK, but I occasionally receive questions from your neck of the woods. Australian law is based on the same principles as the UK and in this instance your employer is in breach of your employment contract by not paying you your full salary. You could take action to recover your money, but by the time your case is heard you may already have been paid what is outstanding.
You are in a difficult situation. If you, and your colleagues, push this it may force the company under, and if you have been underpaid temporarily a number of times in the last couple of years it would appear your employer is just about hanging on. Perhaps it’s time to start looking for a position elsewhere where the employer’s prospects are more stable?
You also have the option of resigning and claiming unfair dismissal to the Fair Work Commission, providing you meet the eligibility criteria.
Changing terms after a TUPE transfer
Q. My company has recently been sold to a corporate organisation and we are now being told we must have mandatory practice meetings during our unpaid lunch hour without any pay. Is this something they can enforce?
A. When you transfer to the new organisation your contractual terms remain the same. One of those was an unpaid lunch hour. You are now being asked to do additional work with no additional pay. I would suggest that it is a fundamental change to your terms and conditions and would need your agreement before implementing.
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