Claiming overtime back pay from employer

Golfnut

Registered User
Messages
10
Hi,
My girlfriend is a full time night worker in a 24 hour petrol station shop. She works 10 hours a night for 4 nights (40 hour week). She only gets paid for 36 hours. Up until 3 months ago she had slightly different working hours where she got paid for 39 hours but was working 44 hours. She is meant to get 1hr 15mins of breaks each night, but this does not happen as there is no one to cover her in the shop.

Her employers have been dismissive of her when she has requested breaks. The break issue will be resolved soon hopefully as she has been in touch with a government agency on this.

But what are her chances of claiming back pay for all those extra hours that she worked. What would she need to do. The extra hours are in excess of 400.
 
She should ring up the Labour Relations Commission and explain to them that she wishes to take a claim under the payment of wages act. They will send her out the necessary forms which she should fill in and send back to them. Her case would then be heard by a Rights Commissioner who is an officer of the Labour Relations Commission. If she or the company was unhappy with this decision, they could appeal the Rights Commsioner's decision to the Labour Court
 
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