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Employment Contract

Discussion in 'The Pub' at netrider.net.au started by conspiracytheorist, Feb 13, 2008.

  1. Just been handed a contract to sign at work, listing me as casual. However the position I applied for was part-time, and I've been working here for 8 months-ish so far. I asked a colleque and he said that no we're casual.. Yet the description of the job when I applied was part time, and on my pay slips it has sick and holiday pay which increases each week - and I've used none so far.

    I've sent an email to the boss saying can I stay as part time.. but if he says you've always been casual - do I have any options? Do I just have to lump it because I didn't insist on a contract before? Or can I argue that the job description was part time, and listed as having to be able to work 3 days a week?

    I'm rather annoyed as I've got about 80 hours of holiday pay accumulated in my pay slip! Not to mention future holiday pay...

    Any help/advice would be fantastic.


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  3. Thanks for that, but I've never worked more than 28 hours, with the average being 21 a week.
  4. Do you have your original employment letter?

    So hourly rate is the same under the new contract?

    Casual get no leave entitlements, your rate of pay should be converted to reflect the loss of these.
  5. Cheers for the thoughts alex, I don't think I had an original employment letter, I applied via seek or careers or some such, then went in for interview, then phoned up saying yes you have it please come in. Hourly rate isn't specified in new contract - just that I have to be available the days and hours requested. The description on the site and when I came in was being able to work at least 3 days and minimum 15 hours.

    The casual rate is specified as the same pay as before...

  6. The job description when you applied is irrelevant to what you actually agreed to work. So i understand that you didn't sign any contract. The matter is that even if you had a contract, you can be fired or downgraded from part time to casual with 2 weeks notice. No extra rights, nothing you can do about it. If you don't like working casual, say it and if the boss doesn't care, find another job.

    PS, forget states, you are under federal control!!! less than 100 employees you can get fired for no reason, less than 20 you get no redundancy..
    (at least as casual you get extra loading?)
  7. Hmmk so I can be changed to casual with 2 weeks notice.. but I've never had such notice - in fact it seems that there was a misunderstanding from the word go where I was under the belief (due to minimum hours and description of job in ad which said part time) that I was part time, whilst in fact they may be saying that I was casual from the start... yet I'm getting holiday and sick pay accumulated in pay slip..

    The new contract says the pay includes loading, yet its the same pay..

    Thanks for the help Tony, I'll have to talk to the boss tomorrow and get it sorted out.. do you think its worth (or do I have any value backing) to say that I accepted the job as part time, it was described as such, holiday pay was listed in the pay slip, etc. and therefore its not fair to now tell me that I'm not casual and debunk me of that pay that is owed?

    If I could get the holiday pay that is owed to me (and if they say you were actually hired as casual, then I wouldn't be entitled to this) then I'd be happy enough.

    Thanks guys.
  8. it all depends on the boss. If he is reasonable and sees the misunderstanding, then you can sort it out.
    Every evidence counts. If you were in court (which you are not) , even emails, or newspaper clips with the job ad are good enough.
    But your payslips should be the best way to go.
    "holiday pay was listed in the pay slip': If you got paid that every time, then thats the loading and you are casual
    If you did not get paid that, but the pay slip just calculates how much annual leave you are collecting, then you are part time. If from part time they take you to casual, you need to get paid a) the leave accumulated till now and b) extra money from now on, as loading for the leave you are not going to take as a casual.
    BTW, i was wrong, it is 1 week notice....
    You probably are going to get paid that money next time, if they have an accountant, they will do it. Just ask to get everything cleared up
  9. Thanks for that. I don't actually get paid holiday pay, it just adds up as available hours. This new contract states that they can fire me with 1 hour notice :cry: At least I know that wont happen, I'm a good worker and a very understanding boss so hopefully it will all work out.

    Thanks again! :)
  10. Take your hoildays or ask for them to be cashed out before you sign the new contract. Then look for anotehr job.
    I don't play teh time in leiu game for overtime, I got tired of never being able to take the time off, and having huge fights to get it paid out when I left a job. My last job I quit because I was not allowed to take time off, but had 80 hours plus 4 weeks annual leave owing. I am to old to play stupid games, and I am too old to work myself into a breakdown for some tosser's bottom line. The last straw was when I worked 3.5 hours OT at the National Museum (after being told it would be one hour), came in 15 minutes late the next morning, and got told off for being late. Yes I was a full time employee.
    Look after yourself, no one else really will anymore.

    Regards, Andrew.
  11. It used to be they couldn't keep you as casual for more than a given period of time (6 months I think, but I could well be wrong). After that you had to be put on permanent part time.

    the rules may be different now.

    You're in NSW, so it may not be federal.

    It may just be you are casual, but have entitlements.
  12. Don't think so, as new contract says the hourly rate (same as last rate) includes a loading for being casual ie. no holiday or sick pay, etc. meaning if that was the case I'd have been given a pay cut, which would be bad for them since they need me..
  13. Do you have a union, maybe contact them to clarify your rights a bit more. If they are taking your entitlements and not increasing your hourly rate to compensate then that is a problem.
  14. No union no. Its not a huge business.

    I'll talk with boss today and see what page he is on then take it from there, obviously I wont be signing anything for a while.
  15. I would suggest you talk it through with your boss. I'd say he's just making the contract so all his employees are on the same level. With one of my jobs, I was getting $15.50 an hour, but the boss couldn't employ new people at that rate, so he bumped it up to $17/h without changing mine. I was a bit irate considering I had 3 years on and off experience, and they had nothing. So i discussed it with him, and now I'm on $17.50 and I got paid the difference for all the hours I did whilst the new guys were on $17
  16. Everyone is under federal control, except if you have a contract or you work for a local council or if you are a public servant. If your employer is Pty/Ltd, you are under federal.

    Under federal you can be fired like that, for no reason, if the company has less that 100 employees. So with one week notice, you are on the road and they can hire you again on any salary or wage (mind you, things are changing, again)

    So the new contract has your pay at about 20% less. That's it. Nothing you can do about it. Nothing you should do about it. That boss wants to pay less. Do you want to work for him?

    I suggest, go and speak to him. Ask for a better wage, like whatever you were paid, + a 2-3% increase + loading. ASK.. If he say no, then say ok, sign the contract and keep on working while you look for a new job.

    Be polite about it. You are not telling him to pay you more, you are asking him, like reminding him, that you are cool, want to work for him, been there for the last months, now you know the job better, feel like you have a lot to give to his company, would like to stay and work with him for the future, but because of personal needs (more expensive rent) you are wondering if you could have a better deal with him...

    If he is not keen, he doesn't care, he will never care,he will kick you out in the first occasion he will find, start looking for something else..
  17. Just received email stating that I am casual and always have been!? :evil:

    Trying to find out details of sick/holiday pay situation now..
  18. If they are listed on your pay slip, then they'll have to pay it out, either nicely, or under court order.

    I was also a casual for more than 12 months, and heard that after a set period that they had to offer you a perminent position, but i never got to check that out, as they fired me, no official reason, other than i was willing to talk back, and act as a leader... i could be bad for their head down slaves :roll:
  19. Thanks for all the help, my head might implode without it!

    Its about 15% less annual pay. Basically they say I'm casual, always have been, despite the description and questions I asked during interview. Have been told that when he said part time he meant part time casual.. is there such a position?? Yes it says on pay slip that I have about 80 hours of available holiday pay. Regarding this boss has said it is an error, that I dont actually have sick or holiday pay - pretty massive error if you ask me, its been showing on every single pay slip (accumulating from nothing when I started, building up to this).
  20. There is no such thing as a part time casual.

    If the payslip says "available holiday pay" and you have no other contract and the job ad was for part time, then you are part time, whether they did a mistake or not.

    They are at fault there.. It will be up to you if you want to take them or not. Maybe call the workplace infoline 1300 363 264 and let them interpret the payslip. Then pass that on to your employer (without telling them that you called the workplace infoline).
    If no luck, then you are dealing with a @#$%@#$
    So call that number again and ask them to intervene, but forget about working with them again..
    Or say nothing more and decide if you want to live with it or look for another job...