Employer refuses to pay overtime

[HAYILZ]

Hi I work in a long daycare centre and my employer has refused to pay overtime for a shift I worked over my rostered hours for due to child to educator ratios being over just wanting some advice is this legal and is it a requirement for staff to stay behind until the child to educator ratio is met or do I have the right to leave on my finish time.?

[Lorina]

Any time you do over your rostered hours is considered overtime. If you are working 9-5 and you have to stay until 5:30 that’s overtime. You will need to be compensated by working past your rostered goes which either includes overtime pay or time in lieu.

If your employer is refusing to pay you’ll have to contact Fair Work Australia and get support from them. However this should be a last option.

I would suggest you take a copy of the Award and highlight the “overtime” laws as it states in the Award stating that employees have to be compensated. If they still refuse then you can take this issue further...

Hope this issue gets sorted!

Let me know if you need further info!

,
Lorina