WA Not being paid for the role being worked

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Emj121

Member
27 February 2018
1
0
1
Hi All
Hoping to get some insight into a pay issue on behalf of my partner.

My partner has recently been promoted from a Senior Project Engineer to a Superintendent.
He is on an equal time roster with a back to back in the same role.
They work identical roles and complete the same level of work each swing.
He has taken on the workload of a Superintendent, title has been changed etc but he is still only being paid as a Senior Project Engineer.

He has requested a pay increase to be paid the same as his back to back but they keep making up excuses and it has been roughly 3 months since he took on the role.
He did not sign any paperwork in relation to re-classifying his role in the company formally
I am of the mindset that he is clearly being taken for a ride and should just look for another job as they are overworking him and intentionally underpaying him.

Is there any information you can provide me that can assist with him perusing his entitlements?
He works on a construction site but is classified as office staff so has no union to assist with rights.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
This is a difficult situation to be in and any action potentially puts your partner's job at risk.

Your partner is the only one who can answer your queries. The wrong move by him may be a career limiting move, possibly career ending.

So while your partner may have some legal rights to a higher salary, his acquience of the new duties without a firm guarantee of extra money may be seen by a court as acceptance of a new contract.

The other way to view this temporary arrangement is as valuable work experience that will eventually benefit your partner's career in the long run. Sometimes you need to look past the short term inconvenience and see the longer term advantages.