Questions on Employment Law

1. My employer pays my wages in cash and does not provide me with receiving payslips.

 

Section 323(2)(a) of the Fair Work Act 2009 (Cth) (Act) provides that an employer may pay an employee’s wages in cash. However, it is illegal for an employer to not issue a payslip as section 536(1) of the Act requires an employer to issue a payslip to its employee within one working day of paying the wages. Another concern associated with an employer’s failure to issue payslips is that the employer may not be meeting its taxation obligations.

 

2. My employer is not paying me on the basis that I am on a “trial period”.

 

All workers are entitled to be paid for their work, regardless of whether they are receiving training or on probation.

 

3. I work the same hours each week but my employer tells me that I am a casual employee.

 

An employee who works consistent hours each week cannot be classified as a casual employee. Many employers raise such assertion to avoid paying entitlements to their employees such as annual leave and sick leave.

 

4. My employer does not pay superannuation to me.

 

Employees who earn gross wages of $450 or more per month are entitled to a superannuation at the rate of 9.5% in addition to the wages on the conditions that the employee is between the ages of 18 and 69, under 18 and works at least 30 hours per week.

 

5. I think my employer dismissed me unfairly.

 

An employee is protected from unfair dismissal under the Act if:

 

• the employee has been employed by the particular employer for at least 6 months when the employee is provided with notice of dismissal or immediately before the dismissal; and

 

• the employee is covered by the modern award, an enterprise agreement applies to the employment or the employee’s annual rate of earnings does not exceed $148,700.00.

 

You need to establish the following elements to prove that you have been unfairly dismissed:

 

• you have been dismissed;

 

• the dismissal was harsh, unjust or unreasonable; and

 

• the dismissal was not in accordance with the Small Business Fair Dismissal Code;

and

• the dismissal was not a case of genuine redundancy.

 

It is important for you to seek legal advice immediately if you believe that you have been unfairly dismissed as an employee has a period of 21 days from the date of dismissal to lodge an unfair dismissal claim with the Fair Work Commission.

 

At Eckert Legal, our professional team of lawyers can help you with all employment law related matters. Please contact us today to discuss your matter.