One day he told her to wear a $50 jacket from the store and deducted the money from her pay.
Initially, Sophia was paid in cash. Her employer eventually began to pay her electronically after she asked him repeatedly. He also refused to enter into a written contract with her. Eventually, Sophia gave two weeks’ notice to leave and signed a contract for a different job. Her employer told her that she had to give three weeks’ notice and said he needed her to stay for that amount of time.
Sophia was frustrated and made an appointment with Redfern Legal Centre. She explained that she had not been paid sick leave and that the cost of the clothes she had been required to pay had been deducted from her pay. RLC advised Sophia that under the General Retail Industry Award 2010, she should have been given the clothes or reimbursed. Sophia’s employer was not entitled to deduct the cost of the jacket from her pay without written permission. As a Level 1 employee, Sophia was also entitled to specific hourly, overtime and penalty rates. RLC calculated that she was owed around $1,000 of unpaid sick leave and annual leave. In addition, her employer had not paid any of her superannuation entitlements.
With assistance from RLC, Sophia wrote a letter of complaint to the Fair Work Ombudsman explaining that she never received a contract, no money had been paid into her superannuation account and that she had been underpaid.
The Fair Work Ombudsman mediated the matter and her previous employer paid the amount she was owed.
Sophia’s story shows several ways in which employers may cheat employees of their legal entitlements, especially when they are young and living in Australia away from their family and usual support networks. Sophia was found to be a Level 1 part-time employee, which entitled her to sick leave, annual leave and penalty rates, none of which she was aware of. Under the Retail Award, employees may be asked to supply their own clothes where it is reasonable. However where an employee is required to wear ‘protective’ or ‘special’ clothing (such as a uniform), the employer must pay for the clothes or reimburse the employee.
Far West NSW Community Legal Centre and Legal Aid NSW have just produced a great new resource called Ripped Off? Your Rights about Unpaid Wages and Entitlements at Work.
