Need some serious advice (work wise.)

[foreigncorrespondent]

Sorry if this turns out to be long. But this saga with work has been going on for just on a month now, and I really don't know what to do.

Ok, I work for a security firm that supplies uniformed loss prevention officers for a major chain of discount/electrical stores.

I have been employed with them since October of last year, and really should have followed my gut when I went for the interview and not taken the job. (The company I work for is being run our of a garage at my bosses home. That should have told me something then and there.)

Basically the company is three companies merged together to form one large public owned security company.

When you are hired they automatically apply for you to receive an ABN (Australian Business Number.) Then every week you are to submit a work sheet with the times, store locations, and breaks you took during your shifts for any particular week. Plus an invoice with your ABN on it, name, dates, stores you worked at, hours you worked, hourly rate, days total, weeks total.

Every time there has been a problem with my pay, it has been fixed up pretty quick, except for one time.

During the last week of January of this year I did two days work (was rostered on to do more, but due to my suffering from second degree sunburn I wasn't able and had to end up getting my boss to roster a replacement for me) for them. The problem is it is almost a month since that two days work, and I have yet to be paid for it.

My boss hasn't acknowledged any of my emails regarding this issue, so he hasn't supplied me with any form of a reason as to why I haven't been paid. Plus he is now refusing to return my calls when I leave messages for him.

Now I am very weary of this company because last week I was talking to another guard and got told some stuff. Basically none of the guards are covered by work cover. None of the bosses has ever told the guards that we have to charge (by law) a 10% GST charge on top of our days total, because we are actually supplying them with a service. Plus when they organized the ABN they put it under hospitality. Security guards do not come under hospitality.

Armed with that knowledge and the fact that I still hadn't received my pay from the week ending 31/01/05 I handed in my resignation last weekend. I never gave him a reason as to why I was resigning, only that I am resigning and it would be effective from the 25th of February. He actually wrote back and asked me why. Now because I don't want anything bad hanging over my head when I apply for another job in the coming weeks, I just told him I had received another offer and left it at that.

Our pays go into the bank on Thursday's, so Wednesday night before I headed to bed I sent him a reminder about my not being paid for the last week of January. I never heard a thing from him. I received my pay from the work I did last week, but not the pay that has been owing to me for almost a month.

Thursday after work when I found out I still hadn't received this money I sent them an email basically saying that I am giving them until close of bank yesterday (Friday) to have it in or I would be seeking legal advice regarding this matter. Still not one word from him, and I received an email telling me he would be on holidays from Monday (next week) until the following Monday! So he is going to go away while this mess is still up in the air, and he is facing legal proceedings against him and the company.

Now my first problem is, I don't know where I take these kinds of matters to. Do I just seek out a lawyer from legal aid, or is somewhere else I should go? We aren't in any union.

My second problem is, I have been rostered on for three shifts next week, but because of not being paid for (what will be a month by then) I don't want to really do any more work for them until I am paid. Should I send an email to head office on Monday saying if I haven't receive the money owing me by close of bank today, that they can roster someone else on for my shifts because I refuse the work or what?

Any and all advice is greatly appreciated, guys. I have never had such a hard time with any company I have ever worked for in my life. That explains why I am at a loss on what I should be doing now.

Thank you in advance!

[man4allcats]

1. One piece of advice...

Instead of sending your demands by email, send them by certified mail so that your boss must sign to receive them. Then when you speak with an attorney, you will have some proof that your demands were delivered and received. Best of luck.

[canetoad]

2. Get out - NOW!

You didn't mention which state/city you are in, it would help to know that and also the name of the security company.

Now for the bad news. I don't think you have a leg to stand on. It seems this company has signed you up for an ABN. This means that in effect you are working as a private contractor. No sick pay, workcover, holiday pay. You will not be covered by a workplace award.

I think this means that you will not be able to recover unpaid wages through the normal employee/employer channels and will have to rely on civil action ie. sue them.

You are not compelled to register for GST as a sole contractor - unless you are earning $50,000 or more, (check this) so this is not really your biggest problem.

If by some chance you ARE covered by an industrial award or workplace agreement, there are processes you can use to bring your employer to court. (try http://www.wagenet.gov.au for info) That is not saying you will ever get any money out of them. You may get a judgement against them for the amount owing, but that is no guarantee that they will ever pay. The next step is then to put it in the hands of the sherrif to collect. This will cost you an amount of money, possibly a couple of hundred. By this time you will realise you are throwing good money after bad.

If you are in Victoria, I'd suggest a trip into Flinders Street to the Department of Consumer Affairs. Don't correspond by email, don't threaten your employer with any kind of action, just quietly go ahead and check out you rights under the law.Start keeping copies of all documents and logs of any phone calls regarding the matter. If you need to correspond, do it by letter and keep a dated copy. If they are running a scam to get cheap employees without paying awards and benefits, you may be able to persuade someone to investigate them.

It may be worth following up the fact that you were given no choice or information about registering for an ABN. Once again, if in Melbourne try making an appointment with Fitzroy legal service. If in another state I'm sure there will be a free, social justice type legal service that you could access.

I hope this has been some help. Whatever happens, keep your cool, explore all legal avenues and DON'T GO BACK TO WORK FOR THEM !!

[foreigncorrespondent]

4. Thanks for the advice.

Yes I am in Victoria. They also owe me money for work I did just this past week. Nevertheless I will tell them tomorrow when I send this weeks invoice to find someone else to cover my shifts with an explantion as to why I won't be working my last three days with them. This week I have send to my invoice to head office which most likely is unaware of what my boss has been doing.

The company is called Charter Resources Security Solutions. Under that title there are three companies all up. CRSS (the main one) Gem Security (the company I work for and also goes under the name Gem Trading) and a third, which I can't remember the name of.

When we work, we wear a CRSS uniform.

Thanks for the advice, I really do appreciate it.

[Violet_Crumble]

3. Here's what I'd do...

First thing on Monday, ring the Tax Office and get them to explain to you what yr status is.

From what I understand yr employer can't submit an application for an ABN on yr behalf unless you authorised them to do it, which to me would mean that you should have been made aware at the start that you were going to be a contractor and been aware of anything that you were signing that would make you one. If yr a bit smarter than me on all things tax related, you can skip ringing the Tax Office and just look on the website. I found a few places on the site that might help you:

http://www.ato.gov.au/businesses/content.asp?doc=/content/25454.htm&pc=001/003/006/001/005&mnu=853&mfp=001/003&st=&cy=1

http://www.ato.gov.au/businesses/content.asp?doc=/content/4540.htm&pc=001/003/006/001/004&mnu=853&mfp=001/003&st=&cy=1

Then on the matter of the outstanding pay, I think even though you aren't a union member, you should contact this union and find out if they can give you any advice. http://www.lhmu.org.au/lhmu/branch/vic.html

But I think you really need to look for another job. Seeing yr in the security side of things, have you considered applying to join the Australian Protective Services? My brother just got a job with them and he was a mechanic before that and had never done security work before...

Hope it all gets sorted out for you...

Cheers...

Violet...

[foreigncorrespondent]

5. Violet...

Thanks mate.

I had no idea when I started that I would be under some sort of contract with them. However, I did know they would apply for an ABN for me. However, I also thought it would be set up properly.

The tax department must be aware of the fact they are putting under hospitality. Because a few days after they received the application for my ABN they phoned and asked me what kind of work would I be doing, so I told them security, and they were wondering why I was under hospitalty as well, but didn't pursue anything.

Yeah I have been going through the ATO Web site this morning and found a lot of information. Poster #2 is correct in saying I don't need to apply for GST until I earn above $50,000. Well I wasn't earning that much. LOL

Yeah I am going to be submitting my resume this weekend to a lot of different companies I know are good. Thanks for the advice with the APS, I will give them a holler as well. :)

[Djinn]

6. normal "employees"

never ever have to have an ABN, so anytime someone wants you to get one it's so they don't have to cover normal employer responsibilities.

I'd get another job ASAP (even a shitty fast food job would atleast cover you for workcover - at this job you could find yourself imjured seriously and up shit creek without a loo brush)

You may have to give up on a couple of days pay - any effort to get it back may well cost more than it's worth.

[foreigncorrespondent]

7. They still owe me...

...money, but I up and quite on them the other week.

I basically told them that they can shove their job, because no body wants to work for a company that rips off their employees.

My ex boss has since left rude messages on my message bank, which my mum got to before I did. So needless to say she was disgusted with what he said, and deleted the message before I could hear it, and act on it.

Anyway, I am actually going for a job interview later on today! I gave my resume to a place I have been wanting to work at for a while now. And received a phone call from the head of security there on Sunday.

I was honest with him and explained why I quit my last job. And he is really interested in me, so it does look promising!!!

Anyway, I just want to thank everyone who responded to me. It was your advice that lead me to leaving a job I wasn't happy in, and finding a job I know I will be extremely happy in. Thanks everyone!

[ausiedownunderground]

8. An ATO tax investigation of this organization could very interesting?

This organization has "tax scam" all over it potentially. Could be money laundering? Is it owned by a Russian by chance?