In Canberra, an Australian Taxation Office (ATO) public servant has lost a workplace compensation claim which budded from a particularly...
UnderpaymentsOctober 15, 2014
A former bartender/glassie has been awarded compensation after he suffered distress, hurt and humiliation caused by the conduct of his hotel managers. The bartender had questioned his pay as he felt he was being underpaid. As a result his managers stopped giving him shifts.
The Federal Court found that City Country Hotel Management Pty Ltd, who owns the White Horse Hotel in Sydney’s Surry Hills, breached The Fair Work Act’s adverse action provisions. Removing the staff member from rosters after he sought payments which were owed to him resulted in damages to the bartender.
The manager’s response to the bartender’s query of underpayments was shattering, they told the bartender that he was given the correct pay as a part time employee. The bartender however did not meet any part time employment criteria. The employer and employee did not have a part time employment agreement and the employee did not work the same number of hours each week.
The bartender also received an email from management saying that “as you are trying to creat [sic] a fair work claim I suggest you priced [sic] with this action ASAP. When I win I will have you pay my costs”.
Compensation which was rightfully awarded included $2,696.91 in unpaid wages; $4,964 lost wages between his last shift on 6 January and him starting a new job on 6 March 2014; $459.17 in unpaid superannuation and $2,500 for distress, hurt, and humiliation, plus interest.
If you are employing staff you need to be wary that there is a clear difference between casual employees and employees who work part time and full time. If you need to clarify the difference or ensure that you are meeting the correct wage criteria call Employsure today on 1300 651 415 or fill in the form below. We are your answer to employment relations issues and can advise you 24/7.
*Information sourced via Workplace Express website.