Industrial Relations Claims has negotiated a huge $80,000 settlement for a Brisbane truck driver underpaid over six years.
The employer also stole thousands of dollars of the worker’s superannuation.
Industrial Relations Claims wins huge payout
An investigation conducted by IR Claims revealed the employer paid the driver under the wrong award.
He earned $26.00 an hour, well below the correct rate under the correct award.
But the real scam involved how the company paid overtime.
Instead of paying the employee the lawful overtime rate of $52.00 an hour, the employer “banked” the extra hours worked.
He then let the driver have that time off on another day instead.
The scam saved the company tens of thousands of dollars.
“It’s a trick dodgy bosses use – they ‘bank’ overtime at ordinary time, when, if the worker was paid as he should, he would have been paid double time,” Miles Heffernan, IR Claims Litigation Director said.
Employer stole superannuation
In addition to the wage theft, the employer also failed to keep accurate time and wage records.
He also pocketed $300 a week for a year, which he was supposed to be putting into the worker’s superannuation account.
The theft meant he was effectively stealing from the driver’s retirement.
Luckily, the worker kept his own records of every single hour that he worked.
IR Claims and Fair Work Employment Lawyers forensically examined time sheets to uncover the rort.
The advocates subsequently represented the worker at a court-ordered mediation with his employer, resulting in the negotiated $80,000 settlement.
“Thankfully our client had kept his own records, so we were able to expose the boss’s scam,” Mr Heffernan said.
“Had he not been smart, we would have had a far bigger fight on our hands.
“The lesson here is, if you think you’re being screwed, record every hour that you work, and keep those records in a safe place.”
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