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Employer underpaying, not paying super

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11 hours ago, -H- said:

The date on the newspaper....

It may have been tomorrow's date, but the actual news was 2 years old. 

Quote

About 3700 Mildura workers were not paid or underpaid superannuation in 2016-17............

 

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11 hours ago, Toolish said:

They put tomorrows cover on social media so we will all rush out and buy!

But it's just a wereee bit blurry so u can't read it. Just a tease. 

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Woohoo, now we have a big greenhouse too!  Tomorrow. 

 

Screenshot_20190605-202530_Facebook.jpg

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Here is the latest.   

Hit the employer up with letter on Monday after the new FI Award was out. 

Had meeting with them yesterday.   Had every avenue covered in regards to them defending themselves but was not needed. Had my sister come along too to take notes depending on how it went  They admitted they were not aware of the award scale and are back paying to my start date.   They want me to still work there too at the amended rate.   

Not sure if the other trainers are being looked after but I have been told just let them deal with that.   It was noticeable yesterday that they were quite emotional about it and said it wasn't done intentionally. 

They know I give value to them as many clients only want to train with me so potentially they would have bigger issues if I were to be asked to leave. 

So the next two weeks will be interesting just to see how the atmosphere is and whether I am treated differently.

Win for the small guy 

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When I had staff, we stuffed up on employees pay rate for a little while.  It was simple; they asked us to check, we checked and were wrong, and back paid them.  Simple.  No huffing, no animosity.  Just sorted it out!

I had a guy from Bendigo ring Thursday looking for work.  He said he'd been ringing every upholsterer from there and all up the East coast, and hasn't found one job yet.  I have work, but will never employ another person again!  My trade doesn't exactly attract Rhodes Scholars, and talking to him on the phone he definitely fitted the standard mould I've often found in this industry.  But I'm a shocking employer, I just can't manage people, and tend to see people as friends instead of employees.  So I get run roughshod over.  But as a small little business scraping by, dealing with payroll, and then having to upgrade our accounting software, and super, and blah blah blah ain't worth the heartache.

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Great stuff Andrew. 

I know he probably won’t blow his own trumpet in here but Matt AKA Parkside is looking after his employees 

From his Facebook

From next week, the Federal Govt abolishes penalty rates for weekdays and Sundays, which affects our awesome Front Desk team.
For every shift which finishes after 6pm on a weekday, the Govt has hit them with a 15% pay cut!
We are lucky to employ wonderful young people who are working to support themselves while they are at University. We think they are a massive part of the success of our business and can't see how they are suddenly worth 15% less for working until 8pm when everyone else is at home with their feet up. 
That's why we're not pocketing the 15%, we're leaving their conditions exactly as they are! We think we train them hard, push them to provide you the best experience we can and that they are worth every cent.

onya Matt 

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Yep, credit where credits due!  I wonder how many businesses could do better with bosses who valued their staff?  I've worked in a few places where loyalty was demanded, but not returned.  Everyone working looking over their shoulder the whole time......  I was a bad boss because I can't see people as employees at all and was a complete push over.  Good find the middle ground in all that.

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Ok the latest here.  This is what I was expecting to happen.  They have dropped two of my shifts stating there is not enough work available on those days.  Was told today not enough work on Friday because one person has cancelled.  The work is there but they don't want to pay me to do the work but prefer to pay the trainers who they are paying less (but not correct rate as a casual trainer)

Stated a few excuses to less work being available.  The main one is that google have changed their algorithms and they no longer get the google traffic on page 1 they were getting before.  Apparently they rely solely on leads from google.  WTF.

So as this was what we were expecting I will now be informing fair work about the situation.  Notifying them about the other trainers and the failure to apply penalty rates correctly.

I have spoken to a couple of clients of the situation.  One stated I don't give a shit whether you are at NR or not, I will see you privately.  A boys dad said the only reason I am here is because of you and what you provide.  

We have 3 trainers with a lot of knowledge (degrees, qualifications) and experience in various sports yet our input on things is never taking into regard.  Team meetings are useless as we discuss stuff share our input and then the boss has his say and says we are wrong.

I have bent over backwards for them numerous times, turned down other jobs because it conflicts with the role there. 

 

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Seems to be pretty standard for this industry. I have a few friends who last a year at each employer as they can’t put up with disorganised and dishonest proprietors. They are very good trainers with clients needs at front of mind.

only solution is to partner with like minded operators and start your own show

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On 19/07/2019 at 9:08 PM, Fitness Buddy said:

Ok the latest here.  This is what I was expecting to happen.  They have dropped two of my shifts stating there is not enough work available on those days.  Was told today not enough work on Friday because one person has cancelled.  The work is there but they don't want to pay me to do the work but prefer to pay the trainers who they are paying less (but not correct rate as a casual trainer)

Stated a few excuses to less work being available.  The main one is that google have changed their algorithms and they no longer get the google traffic on page 1 they were getting before.  Apparently they rely solely on leads from google.  WTF.

So as this was what we were expecting I will now be informing fair work about the situation.  Notifying them about the other trainers and the failure to apply penalty rates correctly.

I have spoken to a couple of clients of the situation.  One stated I don't give a shit whether you are at NR or not, I will see you privately.  A boys dad said the only reason I am here is because of you and what you provide.  

We have 3 trainers with a lot of knowledge (degrees, qualifications) and experience in various sports yet our input on things is never taking into regard.  Team meetings are useless as we discuss stuff share our input and then the boss has his say and says we are wrong.

I have bent over backwards for them numerous times, turned down other jobs because it conflicts with the role there. 

 

All the best FB, while this is going be sure to take care of yourself because it can be a draining & emotional time. 

And its good to hear your clients saying they appreciate your skills & what you do for them

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Last week next week.  I resigned on wednesday as have other opportunities opening up.  

They want meeting next tuesday to resolve any issues as they have still not backpaid me correctly.  The meeting is with their employment advisor and them (the employment advisor happens to be the sister of Nick the owner and a client of the gym) for me this is conflicting.  I have no one available to take with me.  

Have spoken to a few people from business groups in HR roles and they said you have given them two opportunities to resolve now so let FW take over.  

Spoke to FWC as they changed my work hours once the pay issue was highlighted to them so they have issues there.  

They have gone and edited a youtube video where the owner made a defamatory comment in regards to me and too much running.  

To me they are running scared asked to refrain from any social media about their business and the situation.  Have not done this and wasnt intending to. 

FW told me to get everything in writing which is what i have tried to do but they meetings that are done behind closed doors.  As i have stated several times to them if you doing it right in the first place none of this would of eventuated.  They comtinually bringing up issues they have had from the past which has nothing to do with me.  

Any thoughts on should i attend the meeting (be alone) or just say fix up the pay and it is resolved no further action.  Or let FW deal with it

Thanks all for reading

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5 hours ago, Fitness Buddy said:

Last week next week.  I resigned on wednesday as have other opportunities opening up.  

They want meeting next tuesday to resolve any issues as they have still not backpaid me correctly.  The meeting is with their employment advisor and them (the employment advisor happens to be the sister of Nick the owner and a client of the gym) for me this is conflicting.  I have no one available to take with me.  

Have spoken to a few people from business groups in HR roles and they said you have given them two opportunities to resolve now so let FW take over.  

Spoke to FWC as they changed my work hours once the pay issue was highlighted to them so they have issues there.  

They have gone and edited a youtube video where the owner made a defamatory comment in regards to me and too much running.  

To me they are running scared asked to refrain from any social media about their business and the situation.  Have not done this and wasnt intending to. 

FW told me to get everything in writing which is what i have tried to do but they meetings that are done behind closed doors.  As i have stated several times to them if you doing it right in the first place none of this would of eventuated.  They comtinually bringing up issues they have had from the past which has nothing to do with me.  

Any thoughts on should i attend the meeting (be alone) or just say fix up the pay and it is resolved no further action.  Or let FW deal with it

Thanks all for reading

Stick it to the pricks

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Tricky.

I guess the question to ask yourself FB is what do you want out of this? Do you just want the money and then call it quits? Or do you want them punished etc? Or both? 

Once you have worked out what "resolved" looks like to you you can then work back from there and come up with a plan.

If it were me then I would go to the meeting, do you have a friend or colleague you trust you can take with you? Your employer should not unreasonably prevent you from bringing a "support person" and that person can be there mainly to take notes of what is said. I would also ask them if you can record the meeting (use voice memo on your phone) and if they refuse then ask them to explain why.

In the meeting be very clear about what you want i.e. $X by X Date, a written apology, a change in policy, whatever it is and tell them this clearly and with as little emotion as possible. They can then choose to solve it or not.

If they are refusing to put things in writing then I would use the assumptive close i.e. after the meeting you write up your version of what happened and what was said. You then email that to them (make sure you use GMail or similar so you have a record) with the last paragraph of the email being "Please find attached my record of what was said in the meeting. If you have any changes or additions then please let me have them no later than 1800 tomorrow. If I do not hear from you then I shall assume that you accept these notes as an accurate record of what we discussed."

Remember you can always go to FW even after attending a meeting!

I've been there (on the other side of the table) but have always tried to do the right thing and just get situations resolved... it sounds like these guys might be arseholes rather than incompetent though!

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Last week this was finally ended after needing to go to mediation to resolve this issue.   

Due to confidentiality I can't discuss the details of outcome.

Anyway after it all ended there was a sense of relief but then a sense of real disappointment.  Had a bad few days following the final outcome mainly due to the lack of complete disregard the employer showering answering my questions.  I also lost a mate.  One of my co-workers there I had built a great relationship with.  We connected well,  understood each other and respected each other.   We could have a laugh and talk shit (never underestimate how valuable this is).  

At the end of the day I can say I am proud of myself for standing up to the employer as many before and current have been able to do it.   

Thanks everyone on here for the advice,  feedback and especially cotton eyes for the emails. 

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