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arnellis
13th Jul 2011, 09:43
I am wanting to claim back pay from a previous employer, Has anyone gone about this successfully? The GA company in particular was using the "contractor" method and still is as far as im aware.

Any advice or ideas would be appreciated!

Howard Hughes
13th Jul 2011, 10:33
Speak to your union...

Horatio Leafblower
13th Jul 2011, 10:38
I'm sure you're a member of the AFAP, comrade, so start there.

Use the search function on PPRuNe, you aren't the first.

Comrade Julia's Workplace Ombudsman has some interest in this matter as does the Tax office, so just start ringing Govt depts.

It is bloody dodgy and as an employer I would never do it. Jam it into them. :=

Nose wheel first
13th Jul 2011, 11:03
Talk to AFAP if you're a member..... otherwise go to Fair Work Australia. I am aware of a couple of cases where FWA have delivered a VERY good result!

You'll be looking for Annual Leave, Super, Holiday loading allowance, uniform allowance, Phone allowance etc etc.

As Horatio said, use the search function. This topic has been done to death (and rightly so) and there is lots of useful info here on Prune.

Good luck mate. As I said to one of the guys where I work, you're not asking for anything outrageous, only what you are ENTITLED TO BY LAW. Remember, the award is the legal MINIMUM you are entitled to!

multime
14th Jul 2011, 02:00
Took an employer to AFAP tribunual many years ago, for under payment and won. Their excuse was because i was supplied accomodation and food they were eligible to take $200 per week as rent. Ontop of that they were underpaying the award by a large amount. By doing this i lost my job but moved on to better times and a reputable company.
No formal agreement was ever signed. Things you do.?
Was glad to be an AFAP member.

beat ups are fun
14th Jul 2011, 22:52
arnellis, I'm in the same position and considering action. My old employer is still taking advantage of young, low hour pilots. Were you working up north?

notmyC150v2
15th Jul 2011, 02:12
Go to this webpage.

Complaints (http://www.fairwork.gov.au/complaints/pages/default.aspx)

The Fair Work Ombudsman will investigate and claim the money on your behalf for no charge. Think of them as the workplace police.

Best of luck.

JohnnyK
16th Jul 2011, 12:51
Fair Work Australia.
I used them recently to claim what I was owed from my previous emplayers and they were fair and reasonable and ,most importantly, they extracted the cash owed to me from the tightly closed fists of the miserable pack of inept schweinhund.The sweet irony is after resigning from these clowns and going through some hard times I have landed the dreamjob with dream employers and MANY more dollars.Sometimes you just have to cut your losses and head for greener pastures and hope for one step back 2 steps forward.

Howard Hughes
16th Jul 2011, 23:01
In defence of the 'Schweinhund' employers have you bothered to ask for what you are owed? I am amazed at how often people do not ask for what they are owed...

Many years ago I worked at a company where no one was being paid suerannuation, I went in and asked and had the money by the end of the week, others I believe are still waiting!