EMPLOYER UNDERPAID

[Diemlinh]

Hello guys,

I’ve been holding 187 for 11 months. And just found out i’m casual employee for the whole time as i asked my employer about annual leaves, then they said i’m casual so don’t have any leaves. 
Therefore, i did few searches on Fairwork about wages for casual employees and turned out i’m underpaid for nearly 3 years (total time i’ve been working). As casual will get pay higher than full time, part time for not having any leaves. With a bit of calculating, they are now owning me aprox $20k

Can this be a reason for me to quit the job?

Thanks to anyone that replying.

Edited June 17, 2020 by Diemlinh

[ali]

I would take some advice from an agent as reading your post I'm not sure if your employer is allowed to have you on a casual contract 

[Tulip1]

Have you read through your contract? If you are sure you are casual then I think this has more problems than just the wage difference. I agree with ali, you need to speak to an agent.

[Diemlinh]

1 hour ago, ali said:

I would take some advice from an agent as reading your post I'm not sure if your employer is allowed to have you on a casual contract 

 

1 hour ago, Tulip1 said:

Have you read through your contract? If you are sure you are casual then I think this has more problems than just the wage difference. I agree with ali, you need to speak to an agent.

I didn’t sign any contract from the beginning. As i texted the employer yesterday then they replied that i’m casual. 
So, between me and employer, there’re none contract or even a piece of paper say anything about job roles.

Edited June 18, 2020 by Diemlinh

[Marisawright]

4 minutes ago, Diemlinh said:

 

I didn’t sign any contract from the beginning. And i just asked the employer yesterday then they said i’m casual. 
So, between me and employer, there’re none contact or even a pie of paper say anything about job roles.

That's impossible.  How did you get a 187 visa if you didn't have a contract to show Immigration?    

[Diemlinh]

31 minutes ago, Marisawright said:

That's impossible.  How did you get a 187 visa if you didn't have a contract to show Immigration?    

I really have no ideas. My agent didn’t tell me anything about employer’s documents when they submitted on behalf of them, the agent contacted them directly.

My visa was granted quite smooth and early than I expected as well

[Diemlinh]

1 hour ago, Marisawright said:

That's impossible.  How did you get a 187 visa if you didn't have a contract to show Immigration?    

Actually, i found a letter of offer for my job. And it said: permanent full time. It’s not a contract, only a 1 side A4 with few words like the starting dates, the starting hourly rate,name.

cause when i asked them about annual leave, sick leave, they said i’m casual so don’t have any. Does this mean they lied to me or trying not to pay me leaves?

 

[Toots]

34 minutes ago, Diemlinh said:

Actually, i found a letter of offer for my job. And it said: permanent full time. It’s not a contract, only a 1 side A4 with few words like the starting dates, the starting hourly rate,name.

cause when i asked them about annual leave, sick leave, they said i’m casual so don’t have any. Does this mean they lied to me or trying not to pay me leaves?

 

This is a bit of a mess and I don't think we can give you any real advice.  You need to speak to an agent.  I can't believe you didn't know if you were casual or permanent full time.  Should have been sorted out properly from the very beginning.

Edited June 18, 2020 by Toots

[Marisawright]

2 hours ago, Diemlinh said:

I really have no ideas. My agent didn’t tell me anything about employer’s documents when they submitted on behalf of them, the agent contacted them directly.

My visa was granted quite smooth and early than I expected as well

Did you pay the agent?  If so, you are entitled to ask them to give you a copy of the employment contract.  There MUST be an employment contract in the documents and it MUST be for permanent, full-time employment.   The employer can't change that after you've got the visa.

[Marisawright]

1 hour ago, Diemlinh said:

Actually, i found a letter of offer for my job. And it said: permanent full time. It’s not a contract, only a 1 side A4 with few words like the starting dates, the starting hourly rate,name.

cause when i asked them about annual leave, sick leave, they said i’m casual so don’t have any. Does this mean they lied to me or trying not to pay me leaves?

 

They are lying to you.  Did you sign the letter of offer?  If you did, it is a contract.   The employer can't change his mind now.  You are permanent full-time and you are entitled to annual leave. 

[Diemlinh]

51 minutes ago, Marisawright said:

They are lying to you.  Did you sign the letter of offer?  If you did, it is a contract.   The employer can't change his mind now.  You are permanent full-time and you are entitled to annual leave. 

Yes, on the letter of offer, there’re my signature and the employer’s signature.

I did give fairwork and Doha a call.
Doha gave me a weird answer that: even they’re doing the wrong things & illegally, i still have to finish 2 years in order to not get the visa cancellation.

the fair work: they’re quite confused and don’t know what to do, so they told me a person from higher position will contact me regarding the situation.

My agent who has done 187 for me: i did pay them but since i had the visa, they don’t want to talk or doing anything else. They’re like their job is done and don’t want to give free advice.

Edited June 18, 2020 by Diemlinh

[Marisawright]

1 hour ago, Diemlinh said:

Yes, on the letter of offer, there’re my signature and the employer’s signature.

I did give fairwork and Doha a call.
Doha gave me a weird answer that: even they’re doing the wrong things & illegally, i still have to finish 2 years in order to not get the visa cancellation.

the fair work: they’re quite confused and don’t know what to do, so they told me a person from higher position will contact me regarding the situation.

DOHA is right.  You must meet the conditions of your visa, and that means you must stay for 2 years.  HOWEVER, your employer must honour your contract, including paying you the salary they promised and giving you annual leave, sick leave etc.  They are acting illegally if they don't do so.

[WelderGuy5]

16 hours ago, Diemlinh said:

Hello guys,

I’ve been holding 187 for 11 months. And just found out i’m casual employee for the whole time as i asked my employer about annual leaves, then they said i’m casual so don’t have any leaves. 
Therefore, i did few searches on Fairwork about wages for casual employees and turned out i’m underpaid for nearly 3 years (total time i’ve been working). As casual will get pay higher than full time, part time for not having any leaves. With a bit of calculating, they are now owning me aprox $20k

Can this be a reason for me to quit the job?

Thanks to anyone that replying.

If u are on 187 visa offered by same company u are permanent employee already. Are u not getting salary slips?? The salary slips gives u all the details of Annual leave earned, superannuation,  no. of hours worked,  sick or personal leave to date , plenty of things. Also gives u how much earned in till now for the year.  Also it gives u details of It tax deducted.

 

That's totally weird to me. Bit suspicious. 

Edited June 18, 2020 by WelderGuy5

[Toots]

31 minutes ago, WelderGuy5 said:

If u are on 187 visa offered by same company u are permanent employee already. Are u not getting salary slips?? The salary slips gives u all the details of Annual leave earned, superannuation,  no. of hours worked,  sick or personal leave to date , plenty of things. Also gives u how much earned in till now for the year.  Also it gives u details of It tax deducted.

 

That's totally weird to me. Bit suspicious. 

Of course the pay slips should have stated everything you have listed.  All sounds very shonky indeed.

[Diemlinh]

1 hour ago, WelderGuy5 said:

If u are on 187 visa offered by same company u are permanent employee already. Are u not getting salary slips?? The salary slips gives u all the details of Annual leave earned, superannuation,  no. of hours worked,  sick or personal leave to date , plenty of things. Also gives u how much earned in till now for the year.  Also it gives u details of It tax deducted.

 

That's totally weird to me. Bit suspicious. 

 

55 minutes ago, Toots said:

Of course the pay slips should have stated everything you have listed.  All sounds very shonky indeed.

I do have payslips and it shows everything you guys said, except any information about leaves.

these payslips were the same with the one I submitted to CO when they requested. 

the fairwork gave me a call back and said my employer is doing it wrong, and they can’t change me to casual without notice. Also my hourly rate at the moment, it’s underpaid for both full time and casual. 
 

I decided i’ll talk to my employer about this.

[Ausvisitor]

6 hours ago, Diemlinh said:

My agent who has done 187 for me: i did pay them but since i had the visa, they don’t want to talk or doing anything else. They’re like their job is done and don’t want to give free advice.

I would send the agent a letter reminding them that their obligation to you does not cease on grant of the visa; the advice and work they did for you still remains current and if it is incorrect or processed in a illegal/shonky manner they are still liable to be sued for the work done in bad faith or their negligence.

Remind them that if they don't furnish these details (which after all are yours anyway) you will instruct a solicitor to obtain access; they will move quickly then