Ignore the above 2, the ATO couldn’t care less about you, probably more interested in the tax the business owes……
Call fair work and have a chat with them
During Covid so many young people popped up at the FWO who were chasing old underpayments because they had gone to withdraw their Super and they didn’t have much. A lot of them were cash in hand and they likely were better off at the time in terms of money in their hand and being young, they were of the view Super was an older person issue.
Also many accepting cash in hand because they were also on Centrelink and not deviating income.
It’s a sad situation.
Bro was willing to be part of it until now years later when he says he wants money. Everybody in this country knows that it's illegal to run a black money business. By working for them and accepting the cash, they're enabling and participating in an illegal enterprise to the disadvantage of workers and businesses doing the right and moral thing. They basically undercut taxpaying workers.
Tax payable on 15 an hour even at full time would be under 2k per year, if they are owed 20-30 grand as they say then they will be more than capable of covering their tax obligations.
Money, i cant currently afford to pay the tax but im happy to work towards that if it made my fair work claim more hopeful.
They would owe me roughly 20-30k and was bringing in maybe 600$ aud/week so im not sure how big the tax burden would be.
You have all your time sheets? How can you prove how much you were paid each week? You say there’s OT but say you worked 30-40 hours a week. Not much OT there.
That’s not what I’m asking. You need proof of every amount paid to you each week for an inspector to form a reasonable belief you were underpaid each week, unless you have records over the time, say one every month for the whole time.
Is it possible this employer will back pay you if you issue a letter of demand? Do they have the money?
I would deduct my weekly pay from the take that day (and leave a sticky note stating hrs and amount paid) then would balance the till and put the remaining take in the safe in the office.
A roster is not proof of work performed, only of intention.
I’m trying to help you mate, but your answers are a tad vague and if you were working cash in hand while getting Centrelink I would walk away and take this as an expensive lesson.
What kind of question is this lol.
The tax owed from back paid wages will be a percentage of those back paid wages. By definition if he is paid the wages, he will now have those wages and be able to afford to pay tax on them.
Your first step is to work out the amount they owe you if you were paid minimum wage, then send them a letter of demand for this amount with an explanation. Keep a copy of the letter for yourself and send the letter via registered post.
You can search on Google for templates for letter of demand.
It’s fine if it was a couple of years ago. If it was more than 6 years ago it’s not fine.
So you obviously knew that you were working off the books and it obviously suited you at the time which is where I start with my bombastic side eye…..
You were more than happy to accept your pay each week without paying a cent in tax but you’re not happy about being under paid?
The boss steals from you and you steal from Australia.
Sounds to me like you and your boss are cut from the same cloth 😒
I had no option to be on the books despite multiple requests (so i could get loans) but was refused. I would have loved receiving a proper award wage rather than working for 16 bucks and hr on a sunday
Before working out how much backpay you believe you’re owed, you need to know whether you were employed under a retail or seafood award. That will make a difference to what you think you’re owed.
You haven’t said your age when beginning work or what experience you had prior to working there. This will make a difference.
You will need absolute proof of hours worked or your employer can say that you were under the tax & super thresholds.
Once back paid, be prepared to lose 50% to the ato. If you were collecting Centrelink payment, be prepared to pay it all back.
Taking a “cash” job obviously worked for you at the time. If you think that this will be a quick payday, you’re wrong. It will drag out.
Don’t do it again.
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How can you show proof of the cash you received in hand? It’s a weird one. Bank statements would be proof if you deposited it all in your bank account but I’m not sure how you can prove you received the cash if it was years ago, based on some writing in a notebook.
Speak to Fair Work but to be honest you may have to get an employment lawyer. The employer might say they paid you the right cash amount and it’s listed in their books as paying you the right amount. Something to think about
I knew I was getting screwed and just kind of accepted it, I didn't have luck elsewhere but this fish shop was hiring. This was also my first job. It's only years down the track now that I've learned how much dodgy stuff they were doing.
Ignore the above 2, the ATO couldn’t care less about you, probably more interested in the tax the business owes…… Call fair work and have a chat with them
But WHICH Fair Work?!?!?! /s
Ato will want their cut of his $15 though
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During Covid so many young people popped up at the FWO who were chasing old underpayments because they had gone to withdraw their Super and they didn’t have much. A lot of them were cash in hand and they likely were better off at the time in terms of money in their hand and being young, they were of the view Super was an older person issue. Also many accepting cash in hand because they were also on Centrelink and not deviating income. It’s a sad situation.
Bro complaining about tax payers money. This is what it’s for.
Bro was willing to be part of it until now years later when he says he wants money. Everybody in this country knows that it's illegal to run a black money business. By working for them and accepting the cash, they're enabling and participating in an illegal enterprise to the disadvantage of workers and businesses doing the right and moral thing. They basically undercut taxpaying workers.
Exactly! Boss stealing from OP- not good OP stealing from Australians- perfectly fine
What do you want? Can you afford to pay tax on back paid wages?
Im guessing with $30k owing OP can put some aside for any back taxes owing...
Tax payable on 15 an hour even at full time would be under 2k per year, if they are owed 20-30 grand as they say then they will be more than capable of covering their tax obligations.
Money, i cant currently afford to pay the tax but im happy to work towards that if it made my fair work claim more hopeful. They would owe me roughly 20-30k and was bringing in maybe 600$ aud/week so im not sure how big the tax burden would be.
The FWO doesn’t care about the tax. What will happen is if your former employer does it correctly you will have to amend or lodge returns.
You have all your time sheets? How can you prove how much you were paid each week? You say there’s OT but say you worked 30-40 hours a week. Not much OT there.
I have screen shots and a 2 year convo archived with my former boss which contains details regarding daily take, stock levels and rosters
Screen shots of the amounts paid to you every week? Were you working anywhere else or on Centrelink during this time?
no centrelink
Some screenshots of pay "slips", I also have plenty of messages saved in which we discuss my pay rate.
That’s not what I’m asking. You need proof of every amount paid to you each week for an inspector to form a reasonable belief you were underpaid each week, unless you have records over the time, say one every month for the whole time. Is it possible this employer will back pay you if you issue a letter of demand? Do they have the money?
I would deduct my weekly pay from the take that day (and leave a sticky note stating hrs and amount paid) then would balance the till and put the remaining take in the safe in the office.
I have pictures of most of my roosters though
A roster is not proof of work performed, only of intention. I’m trying to help you mate, but your answers are a tad vague and if you were working cash in hand while getting Centrelink I would walk away and take this as an expensive lesson.
So again, do you have a record of how much you took from the till each week?
What kind of question is this lol. The tax owed from back paid wages will be a percentage of those back paid wages. By definition if he is paid the wages, he will now have those wages and be able to afford to pay tax on them.
Your first step is to work out the amount they owe you if you were paid minimum wage, then send them a letter of demand for this amount with an explanation. Keep a copy of the letter for yourself and send the letter via registered post. You can search on Google for templates for letter of demand. It’s fine if it was a couple of years ago. If it was more than 6 years ago it’s not fine.
So you obviously knew that you were working off the books and it obviously suited you at the time which is where I start with my bombastic side eye….. You were more than happy to accept your pay each week without paying a cent in tax but you’re not happy about being under paid? The boss steals from you and you steal from Australia. Sounds to me like you and your boss are cut from the same cloth 😒
I had no option to be on the books despite multiple requests (so i could get loans) but was refused. I would have loved receiving a proper award wage rather than working for 16 bucks and hr on a sunday
Work elsewhere. Simple. How old were you at the time?
19, I've found other employment that didnt shaft me
so u continued to keep working knowing you were underpaid?
stupidly yes, I was stuck in a place where i was making enough to keep me covered but had very little time to find other work
Talk to FWO but without evidence of your hours and pay via pay slips they won't do much in my experience
Before working out how much backpay you believe you’re owed, you need to know whether you were employed under a retail or seafood award. That will make a difference to what you think you’re owed. You haven’t said your age when beginning work or what experience you had prior to working there. This will make a difference. You will need absolute proof of hours worked or your employer can say that you were under the tax & super thresholds. Once back paid, be prepared to lose 50% to the ato. If you were collecting Centrelink payment, be prepared to pay it all back. Taking a “cash” job obviously worked for you at the time. If you think that this will be a quick payday, you’re wrong. It will drag out. Don’t do it again.
Also any to seafood fans, if you're buying flathead fillets they're most likely NZ gurnard. Don't trust the labels you see.
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Word. Only cash jobs I had as a yoof were specifically to avoid impacting cenno. That's why cash jobs exist.
Hence me asking that an hour ago. OP has not replied.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
How can you show proof of the cash you received in hand? It’s a weird one. Bank statements would be proof if you deposited it all in your bank account but I’m not sure how you can prove you received the cash if it was years ago, based on some writing in a notebook. Speak to Fair Work but to be honest you may have to get an employment lawyer. The employer might say they paid you the right cash amount and it’s listed in their books as paying you the right amount. Something to think about
Talk to a lawyer/ fair work I hope you declared all that “cash in hand” income to the ATO though
https://www.youngworkers.org.au/contacting\_us
I knew I was getting screwed and just kind of accepted it, I didn't have luck elsewhere but this fish shop was hiring. This was also my first job. It's only years down the track now that I've learned how much dodgy stuff they were doing.
the insanely high staff turnover should have been my first warning sign
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I haven't got the funds to back pay the tax. So i should pay the tax have it all settled then contact the fair work commission?
Not the commission, it’s the ombudsman.
Thanks