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Only being paid for half the day on public holiday? [closed]
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My workplace is saying now via email from our accountant that we will only be paid from 9am to 1pm (This was on Anzac day, an Australian public holiday, and shops apart from ones with special permission like ours[pharmacy] stay closed until 1)
Now they are saying they will not pay the extra public holiday rate from 1pm-6pm that the three of us on the job at the time worked.
Is this legal, is there some sort of legal precedent that I can show? Or are they allowed to do this?
salary australia
edited May 4 '15 at 9:13
jpatokal
6,58222233
asked May 4 '15 at 0:41
Callum
71
closed as off-topic by Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long May 5 '15 at 0:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long
suggest improvements |Â
up vote
1
down vote
favorite
My workplace is saying now via email from our accountant that we will only be paid from 9am to 1pm (This was on Anzac day, an Australian public holiday, and shops apart from ones with special permission like ours[pharmacy] stay closed until 1)
Now they are saying they will not pay the extra public holiday rate from 1pm-6pm that the three of us on the job at the time worked.
Is this legal, is there some sort of legal precedent that I can show? Or are they allowed to do this?
salary australia
edited May 4 '15 at 9:13
jpatokal
6,58222233
asked May 4 '15 at 0:41
Callum
71
closed as off-topic by Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long May 5 '15 at 0:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
1
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16
suggest improvements |Â
up vote
1
down vote
favorite
up vote
1
down vote
favorite
My workplace is saying now via email from our accountant that we will only be paid from 9am to 1pm (This was on Anzac day, an Australian public holiday, and shops apart from ones with special permission like ours[pharmacy] stay closed until 1)
Now they are saying they will not pay the extra public holiday rate from 1pm-6pm that the three of us on the job at the time worked.
Is this legal, is there some sort of legal precedent that I can show? Or are they allowed to do this?
salary australia
edited May 4 '15 at 9:13
jpatokal
6,58222233
asked May 4 '15 at 0:41
Callum
71
My workplace is saying now via email from our accountant that we will only be paid from 9am to 1pm (This was on Anzac day, an Australian public holiday, and shops apart from ones with special permission like ours[pharmacy] stay closed until 1)
Now they are saying they will not pay the extra public holiday rate from 1pm-6pm that the three of us on the job at the time worked.
Is this legal, is there some sort of legal precedent that I can show? Or are they allowed to do this?
salary australia
edited May 4 '15 at 9:13
jpatokal
6,58222233
asked May 4 '15 at 0:41
Callum
71
edited May 4 '15 at 9:13
jpatokal
6,58222233
edited May 4 '15 at 9:13
jpatokal
6,58222233
edited May 4 '15 at 9:13
jpatokal
6,58222233
6,58222233
asked May 4 '15 at 0:41
Callum
71
asked May 4 '15 at 0:41
Callum
71
asked May 4 '15 at 0:41
Callum
71
71
closed as off-topic by Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long May 5 '15 at 0:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long
closed as off-topic by Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long May 5 '15 at 0:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, scaaahu, Joe Strazzere, gnat, Wesley Long
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
1
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16
suggest improvements |Â
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
1
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
1
1
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16
suggest improvements |Â
1 Answer
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up vote
3
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As encouraged in the comments, I'll make this an answer from my comment.
The awards you are entitled to is very dependent on the industry you are in and which public holiday is in question. Rather than try to give a specific answer to your industry (pharmacy), I'll give the link to the federal governing body here in Australia for all awards and employment conditions.
You can find your entitlements at Fair Work Australia. You can find a lot of information here, including drilling down to your specific industry.
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
As encouraged in the comments, I'll make this an answer from my comment.
The awards you are entitled to is very dependent on the industry you are in and which public holiday is in question. Rather than try to give a specific answer to your industry (pharmacy), I'll give the link to the federal governing body here in Australia for all awards and employment conditions.
You can find your entitlements at Fair Work Australia. You can find a lot of information here, including drilling down to your specific industry.
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
suggest improvements |Â
up vote
3
down vote
As encouraged in the comments, I'll make this an answer from my comment.
The awards you are entitled to is very dependent on the industry you are in and which public holiday is in question. Rather than try to give a specific answer to your industry (pharmacy), I'll give the link to the federal governing body here in Australia for all awards and employment conditions.
You can find your entitlements at Fair Work Australia. You can find a lot of information here, including drilling down to your specific industry.
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
suggest improvements |Â
up vote
3
down vote
up vote
3
down vote
As encouraged in the comments, I'll make this an answer from my comment.
The awards you are entitled to is very dependent on the industry you are in and which public holiday is in question. Rather than try to give a specific answer to your industry (pharmacy), I'll give the link to the federal governing body here in Australia for all awards and employment conditions.
You can find your entitlements at Fair Work Australia. You can find a lot of information here, including drilling down to your specific industry.
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
As encouraged in the comments, I'll make this an answer from my comment.
The awards you are entitled to is very dependent on the industry you are in and which public holiday is in question. Rather than try to give a specific answer to your industry (pharmacy), I'll give the link to the federal governing body here in Australia for all awards and employment conditions.
You can find your entitlements at Fair Work Australia. You can find a lot of information here, including drilling down to your specific industry.
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
answered May 4 '15 at 2:49
Jane S♦
40.8k17125159
40.8k17125159
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
suggest improvements |Â
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
The very first sentence of that page doesn't leave much room for ambiguity: "Employees get paid at least their base pay rate for all hours worked on a public holiday." (Of course, the OP may well be entitled to more than their base pay.)
– jpatokal
May 4 '15 at 9:15
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
Yes, I read the OP as questioning if they are entitled to a higher rate rather than being paid their base rate. That isn't so clear.
– Jane S♦
May 4 '15 at 9:18
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
It's ambiguous; I think the OP may be asking both. They do say that they are only getting paid for a half day when they worked a full day, but they also ask about the "public holiday rate".
– starsplusplus
May 4 '15 at 11:15
1
1
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
@starsplusplus Yes, the title says one thing and the text infers (but does not clearly state) the other.
– Jane S♦
May 4 '15 at 11:16
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
Ah, hadn't really paid attention to the title. I was reading this bit: we will only be paid from 9am to 1pm and the fact that three of them worked 1pm-6pm as well as the morning.
– starsplusplus
May 4 '15 at 11:18
suggest improvements |Â
I'm in Australia, but we can't give legal advice here, I'm afraid. You will need to talk to a lawyer or to Industrial Relations.
– Jane S♦
May 4 '15 at 1:05
Doing a quick search, I came up with this: fairwork.gov.au/leave/public-holidays/…
– Jane S♦
May 4 '15 at 1:11
1
@JaneS it looks like you could probably turn that into a good answer if you wanted. This is not asking should he take legal action just asking to understand how the law works. This is on topic and answerable.
– IDrinkandIKnowThings
May 4 '15 at 2:43
@Callum So just to make clear, you're saying you worked 9 to 6, but the employer is saying they will only pay you for 9 to 1? Is this at the standard rate, or at the extra public holiday rate (time and a half etc)?
– jpatokal
May 4 '15 at 9:16