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Self-resolution of workplace disputes

The FWO received six requests for assistance (RFAs) during the life of the PCD, and La Porchetta rectified all promptly with the outcomes reported to the FWO. The RFAs were largely resolved between six and 32 days, with the exception of one matter in relation to an employee being underpaid their minimum wage and entitlements, which was resolved over a longer period. This resulted in the recovery of $3946 for the employee.

The five other RFAs made by employees covered the following issues:

  • Underpayment of hourly rate due to incorrect classification of an employee amounting to $931 in underpayments. La Porchetta resolved the matter.
  • Underpayment of annual leave upon termination of $606. La Porchetta resolved the matter.
  • Underpayment of weekend penalties. In one instance, the company examined records and did not find any evidence of underpayment. The FWO agreed no further action was required in this matter. In the second instance, the employee alleged that underpayment on weekends occurred as they were not correctly classified. The franchisee disputed the claim as the employee was not required to serve alcohol, which would place them at the next level classification. The FWO agreed no further action was required in this matter.
  • Dispute over entitlements carrying forward due to a transmission of business. In this instance, La Porchetta advised that the previous owner had paid out accumulated leave to all employees upon the sale of business and this was confirmed with the lawyer of the previous owner. The FWO considered no further action was required in this matter.
  • Underpayment allegation regarding a business no longer operating as a La Porchetta franchise. A former owner of a La Porchetta franchise provided records to the FWO. No evidence of underpayments were found. The FWO took no further action in this matter.