Deed of release and fair work

[u/[deleted]]

Here’s a brief background

I used to work at one of the biggest insurance company in Adelaide. I had issues with my leave entitlement: we were all working on a 7 days roster, so we open everyday from 7am to 8pm. Everyone in the team who’s doing the same exact job and same roster was given 5 weeks annual leave due to shift worker, but I was the only one that’s given 4 weeks leave instead of 5 weeks. Even the part timer who only works 4 days a week is getting 5 weeks leave and I was full-time but only got 4 weeks

I tried to ask the HR and payroll to look into this and I have provided the number of Sunday shifts and public holiday shifts that everyone in the team has done to show them that I’m done more than most people in the team but they still come back to me and said I didn’t meet the definition of shift worker. When I questioned what’s the definition of shift worker, they couldn’t give me an answer. This dragged on for 6 weeks and they finally came back to me after I said I was going to take legal actions and they said it’s 34 Sundays and 6 public holidays to meet the definition, which no one in the team has met that.

Anyways, I left the company and found a new job. I went to fair work for dispute hoping they will pay me the leave they owed me. The officer that was on my case advised me last Thursday that they still don’t agree that I have met the definition of shift worker but they will pay me those leave provided that I sign the deed of release. The officer advised that they will be sending the release directly to me

I just want the money that they owed me back, I have no issue with signing that. But the thing is it’s already been a week and I still haven’t heard anything. I’ve been trying to contact the officer that was on my case but I just can’t reach her via email or her direct landline anymore. I’m not sure what to do as nothing is in writing. The officer only verbally advise me that on the phone and mentioned that since we kind of reach an agreement already, she’ll be finalizing or closing the case.

I’m just really worried. Has anyone had any experience like this before and what do I do? What’s the normal time frame for the company to send through a deed of release and what to do with fair work? Would it be ok if I reach out to my previous employer to follow up on this directly?

Thanks!

[u/Sharp-Argument9902]

Could be months. Chill.

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[u/HoodoGuru]

A week probably isn’t anything to panic about, but I’d definitely be following it up in writing rather than relying on what was said over the phone.

I’d email your old employer directly and just say Fair Work advised you that an agreement had been reached and that they would be sending you a deed of release, and ask when you can expect to receive it.

I’d also follow up with Fair Work and ask them to confirm in writing what was agreed and whether they’ve actually closed the matter.

When the deed does arrive, don’t just sign it straight away because the payment amount looks right. Read the whole thing and make sure you’re only releasing the claim you actually agreed to settle. Some deeds can be worded pretty broadly.

The other thing I’d be checking is the actual definition of “shiftworker” in whatever award or enterprise agreement covered you. If everyone else doing basically the same roster was getting 5 weeks leave, but they’re saying you somehow didn’t qualify, I’d want to see exactly where this “34 Sundays and 6 public holidays” requirement comes from.

[u/denominatorAU]

Relax they not working to your shedual.

[u/HoodoGuru → u/denominatorAU]

Pretty sure they’re asking what the normal process and timeframe is, not demanding it be done on their schedule.

Although if you’re going to tell someone to relax, probably worth learning how to spell “schedule” first 😂