Small claims, or soliciter?

[Fun_Bucket]

Hey everyone, the last place i worked for owes me about $3500 in wages, after i was promomted to a suprervisor position, but after a few months, that had still not put my wage up.

I've been trying to get copies of all the time sheets i submitted, because i also never recieved any over time payment, and i would sometimes do 60-70 hours per week.I recoreded every conversation i have had over the phone with this organisation, but i still havent recieved anything from them. I've also since found out, that they did not pay my Super, for the time i was there either.

Does anyone have any advice for me, whether to go to small claims court, or to hire a soliciter, and attempt to sue them? Originally i only wanted what was owed to me, but now im pissed off, and i want more! But i don't want to go through a soliciter, only to pay out a whole lot of money in fees, and then end up losing anyway..Any advice?

[minux]

lol you want more than whats owed? Good luck with that.

You weed a solicitor.

[Reaper]

My considered professional opinion is that you need a new avatar now! As for the rest then call the dli (or equivalent) in your state.

Reaper

[Garth]

in qld you will only get what your intitled to, dont be greedy cause you will find you walk out with nothing in the end


go to your local union, or government authority, for me it's the department of industry, mines and energy (electrician) im nto sure about other roles.

a lawyer will simply gobble up any extra money you get, (kiss the extra coin good bye) and small claims is a last resort, you can try but yeah, try local authrity first

[Cúl-Báire]

Get onto the union, and or local authority - chances are if they haven't paid your superannuation they aren't paying others as well. Which is against the law (at least in Vic). You union should be able to help you further, or at least offer advise on the matter. (they love this sort of stuff)

[youknowmelyricz]

Onbudsman!!

[jules]

try these guys.

[Fun_Bucket]

Thanks for all the input guys. I've considered the ombudsman, but apparently you have to lodge a written claim, which can take up to a few months to be processed. I'm after something quicker, and more effective, which is why i was thinking of hiring a soliciter. How do i contact a union? I no longer work for these people...And yes, i want more than what is owed to me. Why? Because i was harrassed in the workplace, was underpaid, was not given super, was basically bullied into leaving, after several enquires as to why i am not being payed the correct award rates, and have since been ignored with regards to all my request's about entitlements. I wouldn't be chasing a lot more, but at least something..

[S.T.K.E]

Thanks for all the input guys. I've considered the ombudsman, but apparently you have to lodge a written claim, which can take up to a few months to be processed. I'm after something quicker, and more effective, which is why i was thinking of hiring a soliciter. How do i contact a union? I no longer work for these people...And yes, i want more than what is owed to me. Why? Because i was harrassed in the workplace, was underpaid, was not given super, was basically bullied into leaving, after several enquires as to why i am not being payed the correct award rates, and have since been ignored with regards to all my request's about entitlements. I wouldn't be chasing a lot more, but at least something..

Well for what you are saying you will need a solicitor. If your really going to go as hard out as you want to go, don't be frightened if it takes you more then 2 years and 10 grand.

Some advice though, you will be looking for a solicitor that specializes in industrial relations and employment. A regular one will be a waste of time and money because they will not be up to date.

If you went in a union...... thats to bad. If you were then go straight to them first

[ClairBear]

I've considered the ombudsman, but apparently you have to lodge a written claim, which can take up to a few months to be processed.

Rubbish. I got a reply within a week of submitting an online complaint and an investigation was launched at that point. A solicitor will cost you money, and dick around writing letters and waiting for responses each time from their Solicitor. Office of Fair Trade have more clout than a Solicitor when it comes to demanding employee records.

[BOGANV8]

Not too sure on the rest IE wages.

Be prepared to wait for your super It can take the ATO up to 2 years to make the company pay the super..

[gopher]

this is what you need

Underpaid?

[coolngroovy]

Not a member of a relevant trade union?

search 'scab'!....try google.

[jules]

it almost certainly will not be worth hiring a solicitor. it will probably cost you more money in fees than you'll make and a whole lot more hassle. just claim with the ombudsman and let them do all the hard work for you.

[sweefu]

Anything i say i have only learnt for ACT law so may not apply.
You'll have buckleys chance getting more than what you are owed because you have not suffered any damages as a result of their actions (not paying you properly) though you do have a very straight forward case of getting the money you are owed. hire a solicitor to do it properly the first time and then you wont waste any money in legal fees. if your employer is at all smart they will give you the money as soon as your solicitor writes them a decent letter, if they are dumb they might let it go to court, in which you are likely to win and they are likely to be stuck with legal fees.

Good luck mate.

[Fun_Bucket]

Thanks everybody, i'm going to fill out an online complaint form with the Ombudsman, and then wait and see what happens from there. Hopefully i get the result that i am after.

[MasterOfReality]

Not a member of a relevant trade union?

search 'scab'!....try google.

I think 'union irrelevance' or 'freedom of association' in google would turn up much more meaningful results than the shit you have just spouted.

In past jobs, I got called a scab everyday, as I decided to go it alone and negotiate by myself and I ended up on a better deal. I worked as a strike breaker in the coal mines and I'm proud of it. Its my experience that the ones who are fond of the term scab are the least educated and can't think for themselves, hence let the union do the thinking for them.

[Dayvo]

The solicitor my wife had on her case cost her $3200 and it went for two and a half years . It wasn't the same as your problem ,but thats the price and time frame you are roughly looking at.

[And_ROOS]

Tell A Currant Affair or Today Tonight, will be solved by Monday i bet.

[sweefu]

^^^ Thats the best reply yet! Works every time.