A recent ERA case saw someone who worked a day get paid out $9000!
In a nutshell, the case revolved around, what according to the Employer was a one day “unpaid” trial. The worker believed she had been offered a paid position and that her first day’s work was to be paid. There was not sufficient written records kept between the parties to distinguish what was correct. I believe this probably was the error on the part of the employer
HOWEVER – the worker was offered a full-time position but choose to turn it down because she did not have sufficient “trust” in the employer after the mix up over the day’s trial. Again, this may be considered understandable but was after all her choice.
RESULT – the worker was awarded $7000 in compensation because of the distress the situation caused her.She was also awarded $119 in wages for the day she worked and $1890 in lieu of four weeks’ notice because she was considered an employee at the end of the interview, even though an employment agreement was not signed.
So $9000 for one day’s work and yes I realize it includes 4 weeks’ notice but the writer believes this is an extremely harsh penalty for a small employer.
A very expensive lesson learnt but fair – I think not!
Barista gets $9000 after working 1 day?