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Work Causing Anxiety...
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Where to start, at the end of May after being long term unemployed for 4 or 5 years (studied during that time) I finally got myself a job, my mental health was suffering as finding a job was almost impossible. I thought this was great, I could finally gain some financial independence and stop being dependent on my partner, feel worthwhile and actually gain self esteem again, being a very independent person being financially dependent on someone was a real blow to me as a person.
At first I loved my job, still do, customer service at petrol station is what I'm qualified to do, nor is my dream job or what I've spent a few years studying for, but hey, it's a job, it *cough* 'pays'. But it is coming to the stage where I feel taken advantage of. I know the only reason I was employed was because of the $6,500 wage subsidy that went with hiring me. Yeah ok I get that, not an issue.
What is getting to me is I am being significantly underpaid, I don't receive the legal minimum wage, penalties, public holiday rates. However, the other lady who started at the same time as me complained and asked to be back paid for all her hours, including all the hours she worked that they refused to pay her because it was 'training'. 2 days later she lost her job, they found a way to fire her. She was also long term unemployed. I was told by another worker that she lost her job because she spoke up and advised me not to say anything about my pay if I wanted to keep my job. So I did.
Just recently I have now found out that at the end of a shift if the till is down, it comes out of my pay. So not only am I now getting underpaid, I've also been informed that a highly illegal docking of wages can occur. I feel angry, I feel used and taken advantage of and feel that they deliberately employed vulnerable people so they can be taken advantage of, because they're less likely to complain because they need the job.
The issue that I've faced these past few months, is if I speak up and ask to paid minimum wage and speak out about this I WILL lose my job, I've spoken to fair work and they suggested finding a new job and then when I leave pursuing it because unlawful dismissal is difficult to prove especially if they say the reason was performance based and only being there a few months it'll be really hard to prove and it's likely that although they'll have to pay me they'll get away with the unlawful dismissal.
I'm stressed, I need the job but I hate being taken advantage of.
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Hello black_rose,
That sounds like a very stressful and unpleasant situation to be in. My first thought is to encourage you to fight the system and go as hard as you need to in order to get your rights recognised, but I completely understand that it's not that easy!
Their has been a lot of talk about these kind of roles (service station employees, convenience store (7/11) workers, hospitality and retail employers, etc.) being unfairly treated from a basic human rights perspective, and when one does just a little bit of social justice research, it doesn't take long to discover that it's these kind of roles as well that attract an even uglier injustice in the form of human trafficking (slave) trade. People are brought from other countries with the promise of employment and riches in a developed country, and are plonked behind a counter or in a restaurant for 16 hours a day, paid next to nothing, and are driven to and from work from the sub standard accommodation they are provided (which they have to pay for out of their under par wage, mind you).
Of course, this negative representative sample of poor employer conduct isn't across the board, and their are genuine employers that give workers a fair deal.
On matters of more importance to your employment, how are you coping health wise with your situation? Do you feel able to continue on and perhaps think past the current unpleasantness to work toward something more suitable for yourself? I can appreciate once the anxiety takes hold, it can feel like their is no way out, and what is right now will forever be.
It seems underwhelming that even Fair Work Australia would suggest just walking away before doing anything about the situation. However, they are the experts so I don't imagine they're giving bad advice. I know from experience that it's easier to find a job with a job, so is this something you feel you could capitalise on - looking for a better job whilst you have this one - perhaps just with a more reputable employer or in a different but related field such as retail sales or supermarket work? Again, I don't want to be directing you here, but the reality is that if 'nothing changes, nothing changes.'
I am angered by the mistreatment of staff in modern day enterprise. As an employer, I know how many laws and protections are in place for employees to make sure they're not unfairly treated. It takes a real intentionally malicious person to ignore all of those and to treat people poorly.
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I am so sorry that this is happening to you. It must be so disheartening to finally start working and feeling financially independent after studying for so many years, to find out that your work is taking advantage of you. It is completely unacceptable that you are being underpaid and not receiving the benefits you are supposed to.
I was in a similar position when I was at university. I found it very difficult to find a casual job, because I didn’t have any experience in hospitality or retail. I finally found work at a sandwich shop in a food court. They offered to pay me cash in hand so that I wouldn’t have to pay tax. I didn’t realise when I accepted, that it was just so they could underpay me. They treated me and the other staff horribly, yelling at us, not letting us have our full breaks, and threatening to fire us if we wanted to go home because we were feeling sick. Eventually they fired me, and I was devastated because I needed money, and I was so worried that I wouldn’t find another job. In my head, it was better to work in this shitty place than to not have a job at all. A few weeks later, I ended up getting a retail job at this beautiful non-for-profit organisation, where they paid me well, and treated me with kindness, which made me very glad they had fired me.
Your job is where you spend a lot of your time, and you deserve to be working in an environment where you feel comfortable, and not constantly worried about being fired. I know it can feel intimidating to leave this job, after you worked so hard to find it, but is it worth staying there if it is having such a negative impact on your mental health? As Here I Am mentioned, perhaps it is a good idea to start looking for another job while you still have this one? I am not sure how you feel about working in hospitality, but from my experience, it pays very well, and you get paid time and a half on public holidays! There are a few agencies that you can sign up with, and they send you to different functions around the city. You work as much or as little as you like, and just accept the shifts you want. The name of the biggest company is Pinnacle People, if you want to look into it!
Good luck!
Wazowski
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So an update on my current work situation, a week or two after I wrote this I was made permanent part time at my job. I lost just under a dollar an hour, but I'm now being paid (barely) at the national minimum wage, however, I am also not being paid the correct award, alas I gained perks, holiday pay, sick leave etc. Bonus.
Since then so for the past 3 and half months I have to message my boss to let him know I haven't been paid on time, each week it the lateness of my has progressively been get later and later.
This week I have as it stands reminded him 3 times that my pay has not gone through. It is now a week late and so another week is also due. I'm angry. I am meant to work tomorrow but I have decided I will not be going in unless my pay is rectified.
I'm over it. I do the work, it is not unfair to expect payment on time. As it stands we're basically broke, barely enough for anything all because my boss will not pay me in time.
I don't need this stress, not at the moment with everything I'm dealing with, but if I have to take on this fight I will persue my boss for every cent he's underpaid me and hours in the beginning of my employment he refused to pay classing it as 'training' 50 hours worth.
They have until tomorrow to fix this. As it stands I don't particularly want to do this as we're understaffed as it is and one staff member regularly does 16 hour days, but I have to stand my ground. I need to look out for myself when it's all said and done, not fair on my work colleagues to have to do this, but it's not fair on me either and it's not like I'm being unfair all I want is to paid on time
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