SWSLC Employment Law

Helping Matius and Frida who had poor English skills and were underpaid for 3 years….

Matius and Frida’s story

Helping Matius and Frida who had poor English skills and were underpaid for 3 years….

 

Matius* and Frida*, husband and wife who worked as cleaners on a casual basis for a child care center for a period of three years.  Matius had a physical disability and both had low English skills.

 

Mattius and Frida were paid a flat rate of $17 regardless of them working early mornings, late nights and weekends.  Additionally, the employer had not made compulsory superannuation contributions.

 

We argued that Matius and Frida were underpaid pursuant to the Children’s Services Award.  However, there was some ambiguity on this point because their roles were not referred to in the award classifications.  The employer sought to rely on this ambiguity, rendering our attempts at resolution fruitless.

 

We lodged a complaint with the Fair Work Ombudsman (FWO).

 

After two lengthy and charged FWO mediations, we were able to secure a healthy settlement for the underpayments by demonstrating that cleaner roles were in fact covered under a particular stream of the Children’s Services Award.

 

Some time later, we were also successful in compelling the employer to make payment for unpaid superannuation entitlements, both historically and on the underpayment settlement amounts.

 

 

* Names have been changed to protect our clients’ privacy