My partner was forced to resign today, because she has been getting harassed at work..?

Question

My partner was supposed to be on a contract as of December 2006. She was a grill cook at a restaurant in Picton, NSW. After 10/11 months of trying to "get her contract", she was finally told she was going to get put on a normal wage, for eg, hourly rates.

You see, she was working the minimum 76 hour fortnight plus on average, working 3 to 4, sometimes 8 hours overtime each fortnight.

For 11 months, she was only getting paid for 76 hours, and even then she was being underpaid about $60 to $70 per fortnight.

She went to industrial relations about it and they have come to the conclusion she is owed just over $1500. My stepson is owed a little over $2500.

The business has now been sold and my partner has been working for the new owner (he is a former employe), since November 19.

My partner has been getting harrassed, intimidated and humiliated by the new (and former) owner because she took a stand for her and everyone elses entitlements.

What do you think is right?

The old owner has apparently been breached on about 6 different laws, and faces fines up to $33,000 each.

She isn't broke, she has several properties and just got paid a few hundred rand for the business.

Oh yeah and another thing, it i actually against the law to harass, intimidate and humiliate workers because of a pay dispute, or for any other reason.

There may be another breach coming on, so in that case, the commonwealth lawyers do all the work.

Correction - she just got a few hundred Grand - not rand...

Answer 1

You are right, it is illegal for her to be harrassed. Has she tried approaching the Liquor, Hospitality and Miscellaneous ? They are the union that is in charge of this industry, and may be able to offer her some support.
You would think that the other employees would have her back, I mean she was standing up for everyone's rights, not just her own!
Workplace harrassment is something that no person should have to put up with, if you haven't already, let the Dep't of Industrial Relations know about the harrassment.

Answer 2

when you are in a situation working and not getting paid, you should go get another job immediately. it's going to be hard to get the back pay and a lot of work. the old owner is probably broke. so it's a no-win situation. i think if the new owner isn't wanting your partner, she should get another job. if she's such a great cook, it should not be hard. i think you should not put up with things like that for so long. because it does cause hard feelings. it's great she went to industrial relations but how will she get that $$? Probably impossible. Don't work if you are not getting paid.

if you spend a lot of time worrying about what is right and what you are owed you will not live a happy life.

Answer 3

Number 1
ALWAYS Support her 200%
Number 2
If she was treated unfairly she has the right to ask for more, she deserves it.
Number 3
It is terrible that she felt so bad that she had to resign, hug her.
Number 4
She could probably take them to court for harrasment. but this all costs money, would be stressful and she may be harrased further for standing up for herself again.

Maybe it would be best to just walk away, you are better than them.

Good Luck!
You are in my prayers.

Answer 4

I give up, I rewrote this thing and the old crap was posted.

Answer 5

they cant do that go and talk to a good lawer, and see what they can do for you. good luck dont let them away with it.

Answer 6

find another job its not right but it beats being unemployed

Answer 7

tough one

Answer 8

I think she should quit and go into the 'whine' business!