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I did a paid trial shift at a cafe in Sydney, but the owner is refusing to pay me for the work. How can I protect my rights?

I'm sorry to hear about your situation. In Australia, you are entitled to be paid for all work performed, including trial shifts. Here’s what you can do to protect your rights and seek payment:

Steps to Take

1. Document Everything: Collect all evidence related to your trial shift. This includes emails, messages, or any form of communication with the cafe owner regarding the trial shift, the hours you worked, and any witnesses who can confirm that you worked.

2. Communicate with the Employer: Contact the cafe owner in writing, stating that you are requesting payment for the hours you worked during the trial shift. Mention the date and time of your shift and the agreed-upon rate of pay if discussed.

3. Reference Fair Work Legislation: Politely remind the cafe owner of their legal obligation under the Fair Work Act 2009, which requires employers to pay employees for all work performed, including trial shifts.

Legal Concepts Explained

1. Fair Work Act 2009: This act outlines the rights and responsibilities of employees and employers in Australia, including the requirement to pay employees for all hours worked.

2. Unpaid Work Trials: According to the Fair Work Ombudsman, unpaid work trials are generally not lawful unless they are part of a vocational placement, are only for a short duration, and the main purpose is to demonstrate skills relevant to the job. Since your shift was paid, you are entitled to receive payment for it.

3. Minimum Wage: Employees must be paid at least the national minimum wage or the award rate for the hours worked, including trial shifts.

Escalating the Issue

1. Fair Work Ombudsman (FWO): If the cafe owner refuses to pay you after your initial request, contact the Fair Work Ombudsman for assistance. You can lodge a complaint online, and they can help you resolve the dispute through mediation or take enforcement action if necessary.

2. Small Claims Court: If the amount owed is relatively small, you can file a claim in the Small Claims Division of the Local Court. This process is less formal and can be a quicker way to resolve payment disputes.

3. Union Assistance: If you are a member of a union, seek their assistance. They can provide support, advice, and advocacy on your behalf.

Practical Tips

- Keep Records: Always keep records of any communications and work-related documents.

- Professionalism: Remain professional and courteous in all your interactions with the cafe owner.

- Know Your Rights: Familiarize yourself with your rights under the Fair Work Act and the guidelines provided by the Fair Work Ombudsman.

By taking these steps, you can assert your rights and increase the likelihood of receiving the payment you are owed for your trial shift. If the situation remains unresolved, consider seeking legal advice from an employment lawyer.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
1 June 2018
Place
SYDNEY
Judge
STRICKLAND,WATTS,AUSTIN
Highlights
The text describes a child custody case in which two parents have been separated since 2007. The child was born in 2009 and has always lived with the mother. The husband has had custody of the child since 2007, but he has been involved in a series of court proceedings related to the child since 2015. In November 2015, an inordinate amount of interim parenting orders were made which required the father to undergo drug testing in order to have contact with the child. The trial of the case was due to commence on April 27th, but it was deferred until May 1st due to a delay in filing of documents. The trial took seven days and resulted in judgment being reserved on July 1st, 2018.
Judgment
1. The appeal be dismissed. 2. The Application in an Appeal filed by the appellant on 7 May 2019 be dismissed. 3. Pursuant to s 94(2) of the Family Law Act 1975 (Cth), it is ordered: a) The sum of $140,013 is substituted for the sum of $94,246 within Order 3.1 made by the trial judge on 1 June 2018; and b) Any and all outstanding applications between the parties seeking relief under the Child Support (Assessment) Act 1989 (Cth) are dismissed. 4. The appellant shall pay 75 per cent of the respondent’s costs of and incidental to the appeal in the sum agreed or assessed on an ordinary party/party basis. 5. The respondent shall hold the money payable by her to the appellant pursuant to Order 3.1 made by the trial judge on 1 June 2018 as security for the appellant’s payment of her costs pursuant to Order 4 hereof.
Other FAQs You may Interested In
1. I completed a half-day trial shift at a meat processing factory in Sydney, where I was assigned tasks without any guidance from a mentor or experienced staff. Under Australian law, should I be paid for this trial work?2. I’ve taken a temporary job in Sydney where I’m supposed to be paid weekly, but my employer has not been paying on time. We only made a verbal agreement and did not sign a contract. Under these circumstances, how can I assert my rights?3. When renting in Sydney, Australia, if I discover that the landlord has entered my personal space without permission, what should I do to protect my rights?4. My spouse and I operate a business together in Sydney, and with our impending divorce, I am seeking guidance on the equitable distribution of shared business assets and liabilities. Additionally, I seek advice on protective measures for my own interests during this process.5. I’ve been married for six months in Sydney, and my husband, an Australian citizen, sponsored my visa to Australia. Due to differences in our views, he has physically assaulted me and barred me from entering our home, and he has also cancelled my visa. What should I do? How can I protect my safety?
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