WA Long Service Leave - Review Last 12 Years of Payslips?

[Suzie]

Hi. Thank you for taking the time to help me. I have been working for 12 years for my current employer (medical receptionist) and resigned 2.5 weeks ago (due to unreasonable working conditions with pay, the way he treats me, etc). He has acknowledged this and confirmed he will pay me any outstanding annual leave and Long Service Leave.

When I started working there, I worked 1 day a week and have gradually increased my days/hours to 5 days a week now. I am paid hourly and the hours differ from week to week by 1-8 hours. I am due long service leave which is pro-rata, but he has never given me a payslip (except since I resigned - which is odd and frustrating!) so I have no record of the hours I worked. I have Group Certificates but cannot remember the rate of pay I was on so can't work it out. I have asked him many times for payslips (or a simple one line with a breakdown/nothing fancy),

I asked him many times for my Group Certificate last year which he eventually gave me 1 week before the end Oct deadline, I have asked him many times for my annual leave balance which he gave me in April when I asked in Feb! And he never pays on time - sometimes a week late! My Group Certificate is always less than the amount I claimed - but I have never known whether he pays right as he never gives payslips! I have approached him about being underpaid and he has never got back to me.

For these reasons, I need to work out what I am due in Long Service Leave. Can I ask him to provide me with the last 12 years' payslips?

I have spoken with Fair Work Australia, ATO and Long Service Leave department but haven't really got any advice.

Once again, thanks for any help; I REALLY appreciate it.

 

[Ivy]

Hi Suzie,

Unfortunately Fair Work is a little vague on the requirements for payslips and essentially just advises employees to talk to the employer! You could try to keep demanding your former employer to provide you with them but it sounds as though it would take him quite a while to come to the party and then even if and when he did, you say you're not confident that the information would be accurate.

So here is what I would do:
1. Find the Award for Medical receptionists. That will give you the minimum wage you were owed (remember it gets adjusted every few years to keep up with inflation). You can start here: Awards - Fair Work Ombudsman
2. Gather together bank statements for the period you were working (assuming you have always been paid into a bank account or been written a cheque/ handed cash that you deposited at the bank). Trawl through old bank statements with a highlighter and mark when you have been paid.
3. Cross-check against Group Certificates.
From all of this you should be able to work out approximately how many hours/ days you worked each financial year.
Then, if it were me, I would:
4. Find an employment solicitor. Take all the documentation above and speak with them about annual leave, long service leave and what other potential causes of action you have if you were being treated unreasonably. You may have grounds to make a harassment claim, or other compensation claim.

I hope that helps.