Whether it is an issue in you or your client's workplace relating to bullying, underpayments or termination, taking these simple steps may ultimately make it easier to protect your rights as an employee.
1. “Dear Diary...”
Many clients attend our service with complaints relating to their employment. However they are often unable to provide a general timeline to structure and substantiate their complaint.
A key part of RLC’s advocacy in employment law is to locate a time and date to place the period of your claim. Keeping a diary in relation to your employment may be the definitive act in advancing your employment law matter. A work diary can be as detailed or simple as one requires, just remember to record the date, time worked and any other relevant information.
2. “When did I last receive a pay slip?”
RLC assists a great number of clients suffering underpayments in employment. The difficulty in formulating an underpayments claim against an employer is calculating the extent of the underpayment an employer may owe.
You have a workplace right to request from your employer all relevant information relating to your pay. Don’t be afraid to ask, and don’t be afraid to tell your employer you are entitled to these records.
3. “How many hours did I work last week?”
Formulating an underpayments claim depends largely on the hours you worked. Keeping a record will help you and the court arrive at a final figure to calculate the underpayment.
It is easy to get in a routine at the start of your working day to record the time you walked into the office, took your first coffee break and eventually called it a day. It is one of the simplest tasks you can do and can pay big dividends in the long run.
4. “We need to talk!”
It is integral to your employment law matter that the key events of your employment are recorded in some written format. The modern workplace has the advantage of email and text messaging which can provide you with an excellent tool to record details of the happenings in your workplace. They may also assist in helping to formulate a timeline in your matter.
5. “Where is my contract of employment?”
One of the first questions we ask clients seeing RLC about a work related matter is to see a copy of their contract of employment. For some of our clients, it is only when asked for a copy of their employment contract that they realise they never received one from their employer.
One recent example was a client responding to a job advertisement online. Once our client started in the role, the employer had dramatically changed the role to one that did not resemble the position advertised. Thankfully our client had taken a screenshot of the online job advertisement they had responded to. It proved influential in defining the terms of our client’s employment, in the absence of a contract.
6. “Organised Chaos.”
The key to maintaining a record of your employment history is to keep it simple. For clarity keep everything in the same place – in your wardrobe, under the bed, or upload it to the Cloud.
Wherever it is, it should be the place you can keep your work diary, employment contract and any timesheets and pay slips. Having all the information in one place will make it easier for you to access your employment records should you need to.
7. Seek Legal Advice.
If you have been terminated, bullied or feel that your employer is underpaying you, it is necessary that you seek legal advice.
There are a range of government and community legal services, of which Redfern Legal Centre is one, who provide free and confidential legal advice in relation to employment law matters.
Your initial point of call should be to visit the Fair Work Ombudsman website. It is a handy resource, which can provide background as to your workplace rights and entitlements.
Another starting point may be to call Law Access NSW on 1300 888 529 or visit their website. Law Access is a New South Wales Government initiative that provides free and confidential legal advice over the telephone.
Redfern Legal Centre may also be able to provide you with initial advice or a referral to an appropriate contact in relation to your employment law matter. If you seek advice in relation to a workplace issue, contact us on 9698 7277 to set up an appointment or receive a referral.
