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Two women battle former employer to receive their entitlements
ABC NEWS (Australia)
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12/19/2024
The two women are fighting for their rights after their former employer didn't pay their entitlements such as annual leave, superannuation and long service leave when they resigned.
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00:00
For a combined total of 27 years, Kathy and Maurice were the kind of employees who poured
00:08
their heart and soul into the small business they worked at.
00:11
We were good people and we were hardworking.
00:15
Unsurprisingly, then, their decision to resign from their receptionist roles at Focus Eyewear
00:19
in early 2023 wasn't one taken lightly, and it's why they are so hurt by what happened
00:25
next.
00:26
Neither Kathy nor Maurice were paid their entitlements, including annual leave, superannuation
00:31
and long service leave.
00:33
This is pretty draining and frustrating and annoying that we have had to go down this
00:38
track for something that we were entitled to on the day we finished working.
00:44
It was upsetting, it was frustrating, annoying, and I'm really disappointed.
00:50
I'm so disappointed that a man you can put in so many hours and time to for that long
00:57
can do that to you.
00:58
The women's battle to get what they are owed has now been going on for almost two years.
01:03
It's brought them into contact with the Fair Work Ombudsman for the annual leave and the
01:08
Australian Tax Office for the super, where they say both issues were dealt with quickly
01:12
and easily in a matter of months.
01:15
The next port of call was WorkSafe ACT, who ultimately recommended they seek legal help
01:20
to sort out the long service leave.
01:22
By the time they came to us, I mean, it was I think about 18 months after their employment
01:27
had ended, and we were kind of the end of the road.
01:31
Despite lawyers having successfully obtained judgements in their favour at the ACT Civil
01:35
and Administrative Tribunal ordering their former employer pay that long service leave,
01:39
neither Cathy nor Maurice are yet to see a cent of the $16,000 and $11,000 they are owed, respectively.
01:45
Focus Eyewear didn't respond to the ABC's request for comment prior to the deadline
01:49
for this story, and although correspondents seen by the ABC had indicated WorkSafe ACT
01:54
was considering taking regulatory action against the business, it wouldn't comment when asked
01:59
to confirm this.
02:00
Their lawyer says it's a unique case, not because it seldom happens, but because most
02:05
people simply give up.
02:07
People just move on, they get another job, they don't have the time or energy to actually
02:12
follow up those underpayments.
02:14
So while it might seem like a small matter, actually being paid the entitlements that
02:19
you're entitled to is really significant.
02:21
I'm the one suffering still just to get what's meant to be mine.
02:24
And with money still owing, there's no end in sight to that suffering.
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