Unpaid Breaks and Extra Hours at Big Supermarket Chain

POTATO10 on 03/02/2023 - 14:32
Last edited 03/02/2023 - 14:53 by 1 other user

Hi all,

I have worked for one of the big supermarket chains from 2009 - 2019 and during this time it was common practice to stay back without any additional pay and not taking your breaks to finish the days tasks and be in the managers good books.

The company uses a different approach to shopping and checkouts, with limited number of staff members and putting a lot of pressure on staff . This has now changed, with a little more staff members but back then it was very different back then with very unrealistic expectations.

I know most of the stores had the same culture and many people would have been in the same boat. Surprisingly this company has not yet reviewed any of their past underpayments as the other supermarkets have.

What would be the best approach to make a claim towards these underpaid hours?

Education & Work

Comments

  • Muzeeb on 03/02/2023 - 14:33
    +5

    Do you have a log of unpaid work hours for those 10 years?

    • Drakesy on 03/02/2023 - 14:49
      +2

      This would be the starting point.

      But yeah if it were unpaid overtime then that should've raised alarm bells.

      Unpaid breaks are another one, i think it's every 5/6 hours that have to give you a minimum 30-minute unpaid break. But yeah, again it would have to go back to if it were documented.

    • brendanm on 03/02/2023 - 17:46

      It's the vibe etc etc

  • grog on 03/02/2023 - 14:34
    +3

    Your union will be able to advise you on this matter

    • orangetrain on 03/02/2023 - 14:39
      +3

      Your non-SDA union* FTFY

    • USER DC on 03/02/2023 - 17:00
      +1

      Union is garbage at places where they don't really have hold onto.
      just to give you an example SDA is absolute $h!t against OTR (wont be able to establish much or will just give excuses to team member who wanted to complain), but against woolworths, Coles, it will likely have more chances of success.

  • GG57 on 03/02/2023 - 14:35
    +1

    I would think you need specific evidence to even consider a claim; do you have that?

  • Baysew on 03/02/2023 - 14:39

    Perhaps have a look at this similar sounding issue - Big 4 Bank Call Centre Making Casual Staff Work Longer Hours Without Paying Them

  • Donaldhump on 03/02/2023 - 14:53
    +2

    goto lawyer

  • djsweet on 03/02/2023 - 14:59

    I got a surprise payment when one large retail company I worked for (7 years) during uni reviewed their historical pay. I got a sweet $50 for my seven years of "underpayments". I wouldn't expect much, even if they review it.

  • tsunamisurfer on 03/02/2023 - 15:02

    Such claims should be thrown out upon submission.

    Why didn't the OP raise this issue in 2009?

    Its been 14 years since the first instance of unpaid breaks and its only now he's read some Dominos and 7-11 stories and grew a brain.

    • djsweet on 03/02/2023 - 15:08
      +3

      Well for one thing, there is the whole getting fired thing. If you start complaining and you're casual, your manager is going to stop giving you shifts pretty quickly. Never worked in retail?

    • POTATO10 on 03/02/2023 - 15:23
      +1

      Needed the job back then and you are right in light of recent companies getting caught or coming out for underpayment, i wanted to see if there was an option if any to make a claim.

      • tsunamisurfer on 03/02/2023 - 15:26
        -5

        Not only was it 14 years ago.

        You HAPPILY accepted it for over a decade.

        People who accepted the terms should not be able to turn around and ask for more favourable terms.

        • POTATO10 on 03/02/2023 - 15:44
          +2

          I was not happy about it..so..i would not say HAPPILY.
          I accepted it,yes, as i had no choice.
          But now that i see companies getting fines and paying back their employees for wrong doing in the past, i wanted to see if there was an option to claim any monies that i worked for back then and was not compensated for.

          • KiKH on 03/02/2023 - 15:54
            +2

            @POTATO10: The employer, who was at a more advantageous position, shouldn't have illegally taken advantage of you in the first place.

            My partner was at a very similar position as you, but we didn't have a logbook of unpaid hours and could not be compensated for anything.
            Unless the company actively wants to pay you back, it's unlikely you'll get anything back.

  • KaTst3R on 03/02/2023 - 15:10

    Any lawyers here can chip in, but i believe there is a statutory period for when contractual breach claims can be made. 6 years seems to be the statue of limitation. Not sure if the period outside of 6 years can be considered as part of the claims.

  • orangetrain on 03/02/2023 - 15:57

    Make the claim for 2017-2019 years ASAP. https://justiceconnect.org.au/resources/claim-unpaid-wages-o…

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