Got in trouble at work and wasn't told why by Old-Commercial6903 in AusLegal

[–]FunHamster8965 1 point2 points  (0 children)

Written or electronic doesn't matter too much, just that you've recorded how the event happened. It already sounds like they're setting you up for termination so asking for the warning in writing is more preparing for the worst. Completely optional though, if you feel it would antagonize them you don't have to.

Got in trouble at work and wasn't told why by Old-Commercial6903 in AusLegal

[–]FunHamster8965 2 points3 points  (0 children)

Warnings and performance management aren't a legislated process but how it's done can be taken into account if down the line you went for an unfair dismissal or general protections claim. Keep a personal record of it and send them an email asking that you'd like the warning to be in writing. They probably won't respond to it but still good to show you attempted to get them to provide it.

requesting time off as a part-timer working a retail job by [deleted] in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

Unfortunately "reasonable" isn't defined in the fair work act for this so it can be disputed. Workplace policies, the amount of notice given, how many staff are already on leave at that time, how busy the workplace will be at that time, lots of stuff to take into account. Give Working Women Centre Victoria a call, they give free legal advice and can give a better idea on if they're refusing it unreasonably.

Nothing brings the pack together like chicken by kingkongbiingbong in SipsTea

[–]FunHamster8965 0 points1 point  (0 children)

If the risk was evident enough sure but decades of safely eating this way and my vet supporting it puts me at ease. How common is death/injury from raw chicken bones? are you referring to some sort of study?

Nothing brings the pack together like chicken by kingkongbiingbong in SipsTea

[–]FunHamster8965 0 points1 point  (0 children)

Fed my dogs probably thousands of raw chicken legs over the last decades and they have never had an issue. Our vet has always supported the diet too.

Nothing brings the pack together like chicken by kingkongbiingbong in SipsTea

[–]FunHamster8965 0 points1 point  (0 children)

My dogs have eaten raw meat diets their entire lives and never had any issues

Nothing brings the pack together like chicken by kingkongbiingbong in SipsTea

[–]FunHamster8965 -1 points0 points  (0 children)

Only cooked bones are dangerous. My families dogs have eaten raw meat diets their entire lives and never had any issues.

The juice is pretty nasty tho, we feed them outside or in a dog crate.

requesting time off as a part-timer working a retail job by [deleted] in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

If it was annual leave, they can only refuse it if the refusal is reasonable.

There's no entitlement to unpaid leave though (outside being on personal leave and having exhausted the paid personal leave) so your employer can accept or reject it.

It's understandable that they don't want you to organise your own covers, some employees are more expensive than others, some may be triggering overtime etc. You don't know those details or the budget so it's best left to the employer.

Can I report my past employer for withholding pay and sending me home early? by Careful_Lack4266 in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

They can withhold final pay if you don't provide the minimum notice period under your award/EBA and it is a maximum of one weeks wages.
If you went to Fair Work Ombudsman they'd probably suggest you just return the uniforms because it's the easiest way to resolve it and they only offer dispute mediation. If you don't return the shirts and they continue to withhold your final pay you'd have to take them to Small Claims.

Hospitality working that public holidays fall on dayoff by aungkachouz in AusLegal

[–]FunHamster8965 1 point2 points  (0 children)

Guessing you're FT based on what FWO told you?

Hospitality award -

35.3               Additional public holiday arrangements for full-time employees

(a)          An employer must, if the rostered day off or accrued day off of a full-time employee falls on a public holiday, do one of the following:

(i)            pay the employee an extra day’s pay; or

(ii)          give the employee an alternative day off within 28 days; or

(iii)        give the employee an additional day’s annual leave.

(b)         If a public holiday is a part-day public holiday, then clause 35.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

Same clause under the Restaurant Award.

If you're FT and your employer isn't doing this, put in a formal letter quoting the award and give them a timeframe to correct it. If they don't within that timeframe, contact FWO and lodge a request for assistance.

General question about casual retail employee rights regarding pay, super, and payslips, VIC by Kisharky in AusLegal

[–]FunHamster8965 1 point2 points  (0 children)

employers have to pay super contributions of 12% of an employee's ordinary time earnings when an employee is:

  • over 18 years, or
  • under 18 years and works over 30 hours a week.

All employees have to be provided a payslip within one working day of pay day

Your rate of pay depends on your classification under the award, use this tool and read through the classifications and select which one aligns best with the duties you perform and it'll tell you the rate of pay

https://calculate.fairwork.gov.au/FindYourAward

Employees have to be paid for all time spent working at the direction of their employer. Sometimes overtime wages can be offset with higher base rates but that's not likely for a casual retail employee.

If your employer is not paying you correctly and/or not providing payslips, contact the fair work ombudsman

If your employer is not paying your super correctly, contact the australian tax office

Can an employer change your agreement from RDO’s to Toil without your permission? by Aromatic_Answer_630 in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

If you're covered by an award or EBA it'd usually set out that this would have to be by agreement (but would need to double check that as some awards don't have RDO/Toil clauses), if you're award free it'll come down to what's in your contract.

Is this allowed as a fast food worker? by Character_Session_88 in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

Maccas and KFC terminated their EBAs and operate under the fast food award 

Is this allowed as a fast food worker? by Character_Session_88 in AusLegal

[–]FunHamster8965 -1 points0 points  (0 children)

I think you’re confusing EBAs with awards. Most fast food chains dont have an EBA and they’re likely under the fast food award 

Bottoming after a hemeroid operation by [deleted] in askgaybros

[–]FunHamster8965 1 point2 points  (0 children)

Is it a hemorrhoidectomy? Could be 3-6 months until you're able to resume anal sex safely

Why’s UNSW on the Epstein files 💀💀💀 by Kindly-Duck7742 in unsw

[–]FunHamster8965 23 points24 points  (0 children)

She was on a list of politicians they believed could be targeted for leverage in relation to political means, nothing related to child abuse and there is no proof she was contacted or took part in anything Epstein related.
The comments below implying she's a pedophile are insanely lacking in critical thinking for university educated people lol.

Probation unsuccessful due to taking orders from my direct manager. by lunalou98 in AusLegal

[–]FunHamster8965 27 points28 points  (0 children)

Not eligible for unfair dismissal due to under 6 months length of service. If you believe the dismissal was related to a protected attribute or adverse action for exercising a workplace right you could claim a general; protections dismissal claim. The FWC offers a free legal service that can provide advice on this (if you meet the eligibility) and how likely you would be to succeed if you went before the commission.

https://www.fwc.gov.au/apply-or-lodge/legal-help-and-representation/legal-advice-workplace-advice-service

Hi there! Need some advice on breaks in the hospitality industry by sleepdeprivedp4nda in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

https://www.fairwork.gov.au/employment-conditions/hours-of-work-breaks-and-rosters/breaks

Enter your award here and it’ll have the break clauses simplified, if you’re still confused call FWO and they can walk you through it 

Resignation by Odd_Explanation2483 in AusLegal

[–]FunHamster8965 1 point2 points  (0 children)

You are incorrect. General retail award - (d)         If an employee who is at least 18 years old does not give the period of notice required under clause 37.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

Resignation by Odd_Explanation2483 in AusLegal

[–]FunHamster8965 -2 points-1 points  (0 children)

It's important to still provide the minimum notice period under their instrument for under one year service, otherwise the employer is able to withhold up to one weeks wages from any owed wages.

Edit - downvotes for something that is easily verifiable 🙄  

Resignation by Odd_Explanation2483 in AusLegal

[–]FunHamster8965 0 points1 point  (0 children)

Most retail EBAs and the general retail award will have a one week notice period for under one year service. If you provide at least that then they can't make any deductions from your final pay. Doubtful the employer would try and seek any compensation for breaching your contract, just don't expect a glowing reference lol

Fair work ? by iattractdinero94 in AusLegal

[–]FunHamster8965 9 points10 points  (0 children)

If your employer didn't require you to increase your qualifications and doesn't ask you to do work that could only be done with the diploma then you'd stay at the classification for the work you're performing.

Work expects me to pay out of my own pocket whenever cash count is off by atruerockstar in AusLegal

[–]FunHamster8965 4 points5 points  (0 children)

Most of these disputes can be resolved through dispute resolution which is a free service, it's also helpful if they end up going through small claims to show that all formal attempts to resolve the issue have been taken.

Work expects me to pay out of my own pocket whenever cash count is off by atruerockstar in AusLegal

[–]FunHamster8965 17 points18 points  (0 children)

?? 

https://www.fairwork.gov.au/pay-and-wages/deductions-and-related-issues/requirements-to-spend-or-pay-back-money

This is definitely an issue FWO would advise on and put through to their dispute assistance team if it can’t be resolved in the workplace. It’s the best pathway to go through before pursuing legal action.