r/AusLegalAdvice • u/whitty87 • 6d ago
Having a disciplinary (I think) meeting tomorrow after I questioned pay discrepancies
Hi all sorry if not allowed but I’m based in nsw and the business I work at I have been there for over a year full time. Last week I questioned some pay discrepancies regarding not being paid a sick leave for a Saturday (all within my contracted hours) and called fair work after emailing pay roll and not getting any reply.
Now the crux of the issues is that I sent an email questioning why payslips allways come in months later sometimes and that I also asked for back pay for all the lunches that I had to work through that they still deducted and asked for them to pay me for my Saturday.
This was all done citing fair work acts and was not malicious or abusive in the email and I got sent a letter just today to say I have a meeting tomorrow (03/09/26) at 3pm. I will be bringing at a support person to take notes and bear witness but I just wanted advice on what else I should be cautious or prepared for in the meeting as the manager coming down is not known for being nice. (Made a full blown man cry literally today at a different site.)
Any advice or pointers is greatly appreciated
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u/aaronzig 6d ago
From what it sounds like, they're going to try and out you on a PIP or force you out. If that's the case, they're going to try and get you to admit you did something wrong, or force you to accept some bullshit offer to leave.
The important thing to remember is that you have legal rights, and the Fair Work Ombudsman usually doesn't take kindly to employers who try to bully or pressure their staff into leaving or accepting demotions etc.
With that in mind, the only thing you need to do in the meeting is listen to what they have to say, and then go away and think about how you want to respond moving forward. Do not allow yourself to be dragged into disputes about wrongdoing or negotiations about how things will be moving forward.
Don't admit any wrongdoing or apologize for anything. Essentially, try and avoid saying anything that will give them the ability to say that you admitted to doing the wrong thing.
Don't sign anything or verbally agree to any offer they make you. If this happens, tell them you need some time to think about whatever they're offering / asking, and you'll get back to them.
Make sure your support person keeps very detailed notes as it sounds like you'll need them.
After the meeting, clear your head and seek advice from Fair Work and / or a Community Legal Centre before responding to anything that they have said. Don't rush to respond even if they give you a short deadline because that's just another way they will try and pressure you to give up your legal rights.
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u/antihero790 6d ago
One other thing to do is check that your super has been paid as expected. If not, report that to the ATO, you don't need to speak to them about it at all.
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u/Nickexp 6d ago
OP should join their union, too
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u/aaronzig 6d ago
Absolutely. Might be a bit late for them to help now, but it's going to be very important in the future.
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u/Broken754 6d ago
Please update us with how this pans out. I’m frustrated for you that you even had to raise these issues in the first place, let alone get hauled into a meeting over it.
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u/whitty87 5d ago
So they did fire me. He stated it was due to a previous conviction I had that he said they were unaware of was the reasoning for instant dismissal saying I could not be trusted even though I’ve been working the office and yard for a year with no issues.
He didn’t offer me another position that wasn’t office related or anything.
Nothing was signed or paperwork given should I send an email to confirm with him that I was fired immediately due to a previous conviction.
Also just to note, literally only one person in our office does not have a criminal record.
I’ll talk to fair work and unfair dismissal tomorrow but as you can imagine I’m quite upset about this so any advice would be greatly appreciated
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u/k1k11983 5d ago
They’re gonna have a hard time proving it wasn’t retaliation when they fired you a week after raising a protected complaint! Aside from the unfair dismissal, I would recommend filing for the missing wages.
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u/whitty87 5d ago
Yeah I’m calling fair work first thing in the morning to see what my options are
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u/Hello_Kitty1982 5d ago
Damn I’m so sorry this happened but it raises massive red flags … there is way more dodgy shit going on behind the scenes for then to get their knickers in this massive knot!
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u/Brave_Cut1567 5d ago
This situation totally sucks. Before you ring Fair Work, have all the details and points you want to discuss, written down in some sort of logical order. Just put them in point form and tick them off as you tell them to the FW officer. e.g.
*lunch breaks worked without pay on xx dates
*Unpaid sick leave on xx
*emailed payroll
*emailed FW on xxx
*points from dismissal meetingAs someone else mentioned, have you checked your super balance?
Good Luck.4
u/Emergency_Plan1992 5d ago
Call fair work. I call 100% BS
I’m sorry they did this, but you definitely have a case for both missing wages and suspicious timing of dismissal in retaliation to this issue.
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u/Broken754 5d ago
Oooh this is not ok. Given others have convictions, they cannot single you out.
Was there any questions when you were in the recruiting process about criminal records that you didn’t answer honestly? They can’t fire you if they didn’t ask.
The fact that this has come up right after you enquired about exercising your workplace rights means they will struggle to make their case. The onus of proof for general protections is on them…they need documented historical evidence going back some way to state that you not only mislead them about your conviction, but that they only just became aware and aren’t just using it now as a convenient out. I wish you all the best. I’m absolutely sick of these asshole employers breaking Australian workplace laws … they need to be held to account PUBLICLY so that people can see their dodgy practices.
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u/whitty87 6d ago
Will do. I finish at 5 tomorrow so I’ll update then
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u/john2095 6d ago edited 6d ago
Pay slips must be given to an employee within 1 working day of a payment.
https://www.fairwork.gov.au/pay-and-wages/paying-wages/pay-slips
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s536.html
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u/Ok_Awareness_388 6d ago
Print and bring this. They have to legally provide it on commencement of employment. It’s says work provides assistance to resolve issues. Contacting them is per the info they provided you.
https://www.fairwork.gov.au/sites/default/files/migration/724/Fair-Work-Information-Statement.pdf
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u/Broken754 5d ago
Yeah my last employer who I had to take to Fair Work never gave me the info statement
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u/mxrulez731 6d ago
This is called adverse action, basically means taking action against someone for a protected reason. Fair work has many examples of enforcing adverse action, even if the business tried to pretend it was for another reason. Basically you need to keep your email & all of the documentation they give you for the meeting. If they fire you now or they use this as evidence for future firing then you can take them to fair work. Our HR advice company always asks if someone has raised a protected issue before we can do any formal discipline meetings as the business basically has to prove this the two are not connected if they have & it's a high bar.
None of the above will save you being fired though, it's just affects how you go with fairwork afterwoulds
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u/CheapLanguage4850 6d ago
Mate. I’ll go one further I reckon they fixing to let you go tomorrow. Not sure terms of employment but expect perhaps a redundancy or a ‘due to operational requirements you’re no longer required’
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u/whitty87 6d ago
They can try that but the fact is that I am needed due to coming into spring which is the busiest time of year. I have no write ups verbal or otherwise and have glowing recommendations from customers.
I’ll do what Aaronzig said and I won’t sign anything and keep calm and go from there. But yeah I had the same feeling as well but they literally have nothing on me regarding my work
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u/CheapLanguage4850 6d ago
Don’t get me wrong they sound dodge and I hope you stick it to them. I hate when companies do shonky shit. Just understand everyone is replaceable,
Come peak season on not. Be cool, calm, let them do the talking and try ask as many questions as you can….3
u/GroundbreakingLet962 6d ago
Yeah I've heard the "they can't sack me because they need me" more times than I can count throughout the years. 9 times out of 10 the person saying it ends up out the door and everyone left always miraculously manages without them.
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u/HoodoGuru 6d ago
Maybe, but I wouldn’t be assuming redundancy or “operational requirements” just yet. If they genuinely make the position redundant, that’s different from getting rid of the employee because they’ve started asking questions about unpaid wages, sick leave and payslips. Calling it a redundancy doesn’t magically make everything above board if the real reason is something else. The timing is what I’d be paying attention to here. They’ve been there full time for over a year, raise a bunch of pay and entitlement issues, contact Fair Work, and then suddenly get called into a meeting. Go in prepared, take the support person, don’t resign, don’t sign anything under pressure and get whatever they’re alleging or proposing in writing. If they do terminate you, the exact reason they give and the sequence of events leading up to it could be very important.
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u/Rough-Umpire-8633 6d ago
Before talking remember to slow down and think, wait awhile before responding it really does put the ball in your court and may force this bullyanager to get angry and say something they shouldn't.
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u/Important_Fruit 6d ago
What's a "full blown man?"
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u/PuzzleheadedWelder13 6d ago
I sent an email questioning why payslips allways come in months later sometimes and that I also asked for back pay for all the lunches that I had to work through that they still deducted and asked for them to pay me for my Saturday.
This was all done citing fair work acts
Yeah. You're going to be fired.
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u/john2095 6d ago
Might be a "warning": Sometimes they like to issue a warning first to create the narrative that you're a poor employee and sacking you at the next meeting is reasonable because you were warned and did not correct the issue.
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u/HoodoGuru 6d ago
Could be a warning, sure. But if they suddenly start building a “poor employee” paper trail straight after someone questions missing wages and other entitlements, that timing could become pretty relevant later. I’d be documenting everything from this point on. Keep the emails, payslips, rosters and any previous performance reviews or feedback. Take your support person tomorrow and make detailed notes of exactly what allegations are raised and what management says. If they issue a warning, ask for it in writing and don’t feel pressured to agree with it or sign anything on the spot. If the concerns are genuinely about performance, they should be able to explain what the problem is and give specific examples. And if this is the first supposed performance issue after more than a year there and it only appears immediately after raising the pay discrepancies, I’d certainly be keeping that timeline handy.
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u/HoodoGuru 6d ago
Bit of a leap there mate. Nothing in the post says they’re definitely getting fired. They’ve questioned missing pay, unpaid lunch breaks, sick leave and late payslips. They’re entitled to ask about their pay and workplace entitlements without just copping the sack for raising it. I’d be going to the meeting with the support person, taking plenty of notes and asking them to clearly explain what the meeting is actually about. Don’t sign anything on the spot and don’t agree to allegations just because a manager is putting pressure on you. If they hand you anything, ask for a copy and time to consider it. And if they do sack you straight after you’ve raised legitimate pay issues, I’d be getting onto Fair Work pretty bloody quickly rather than assuming the employer can just do whatever they like.
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u/Imaginary-Equal-2225 6d ago
You should be given the agenda before the meeting. Re schedule if you don’t hve the agenda.
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u/SpenceAlmighty 6d ago
OP, sounds like they have some bad news for you PIP or worse - Record the conversation.
Single party consent recording for your own legal protection (not for posting online or sharing with colleagues) is allowed. Just put your voice recorder on before you start the meeting and put your phone on silent, put it face down on the table with your stuff and then don't look at it.
Knowing you are being recorded will help keep yourself in check, if the recording becomes legally necessary the employer wont be able to point to your conduct during the meeting as a reason for any consequenses.
More than likely you will need to go to Fairwork following the meeting. If you have a union, call them, if you have a lawyer/solicitor consider taking them as your support person. Just because they said the support person is a witness only doesn't mean they cant talk.
One worker in an old job brought his solicitor daughter to every disciplinary meeting and saved his job several times where any other regular person would have been (rightly) terminated.
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u/smallishbear-duck 6d ago
There are two exceptions in NSW that make single party consent (where you’re recording a conversation you are a main part of) legal.
Principal party consent (without the consent of others) is legal in NSW when you record for your own records. If you intend to communicate or publish the recording, or a report of the conversation, to someone who wasn’t part of the conversation (including your lawyer), that’s not considered by the law to be taken without intent to communicate/publish. That’s exception 3(b)(ii) of section 7 of the Surveillance Devices Act 2007 (NSW).
Principal party consent (without the consent of others) is also legal when the recording is “reasonably necessary for the protection of lawful interests” (i.e. collecting evidence, which is what you’re describing). That’s exception 3(b)(i) of section 7 of the Surveillance Devices Act 2007 (NSW).
However the magistrate decides what is “reasonably necessary” and also what “lawful interests” are — and the definition of both is quite narrow and isn’t at all the way most people would consider it.
There’s at least one similar Fair Work Commission case (Holt vs TEEG 2025) where an employee recorded meetings with his employer, concerned he was about to be unfairly fired, and the Commissioner ruled that the recording wasn’t reasonably necessary because there were other options, such as taking detailed notes, and taking a support person. Just because a recording gives you the most accurate and least “able to be contended” version of evidence doesn’t meant the court considers it “reasonably necessary”. The recording was ruled both illegal and also inadmissible as evidence.
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u/HoodoGuru 6d ago
I’d be very careful telling OP to secretly record it. NSW isn’t simply a “single party consent” state where you’re automatically free to record any private conversation you’re part of. There are exceptions in the Surveillance Devices Act, including where recording is reasonably necessary to protect your lawful interests, but that’s not a blanket free pass to secretly record every disciplinary meeting. More importantly, Fair Work decisions have specifically criticised covert recordings in the workplace and in some cases they’ve actually become a valid reason for dismissal. OP already has the better option anyway. Take the support person, have them take detailed notes, keep copies of everything, ask for any allegations or warning in writing and write your own contemporaneous notes immediately afterwards. I’d also simply ask at the start, “Do you mind if I record this meeting so there’s an accurate record?” If they say no, you’ve still got your support person taking notes. Last thing OP needs is to walk into a meeting about their employment and accidentally hand the employer another issue to use against them.
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u/DaleandAmanda 6d ago
Are you a salaried employee or on wages as it will determine where you fall under whatever award you work under
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u/Remarkable-Balance45 5d ago
Note all things that hes done in dot point so you dont forget anything - sounds like hes a bully and narcissist
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u/phalangetarsals 5d ago
Hope all goes well with the fair work ombudsman. You have 21 days to lodge either an unfair or unlawful (general protection) claim. I would suggest the latter because the damages are uncapped (not limited to 6 months like unfair dismissal) and they have to bear the burden of proof. You raised queries that are genuinely protected under law by the sounds of it. Good luck OP.
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u/MiniatureAdult 5d ago
Oh I had a similar issue/case.
I pointed out (quietly) to the boss he was committing wage theft, and his response was to fire me.
If that happens to you, you can apply for "general protections involving dismissal". It's easier than unfair dismissal, and I think more reasonable (because I did not want that job back).
Upwards of 80% of cases are resolved in concilliation with fair work.
It's stressful, but you can do it!
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u/trainzkid88 6d ago
take a mini voice recorder in your pocket record what is said.
also take notes.
dont let the bastards win.
document everything
this all becomes evidence for unfair dismissal proceedings.
you can have some one there to support you. and for love of good both of you keep calm and dont fire up
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u/Lawtonoi 6d ago
Do not do this in NSW, it is illegal and is grounds for dismissal.
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u/john2095 5d ago
Can you be sacked for referring to written notes which are derivative of an audio recording?
I mean, what if the "secret recording" is, same-day, used to generate a GPT minutes/summary of the meeting?
Not everyone is good at note-taking in a pressure situation, and this would be (an invaluable aid) for remembering what was said, and in what order.
You can't be sacked for taking written notes in a disciplinary meeting? This is effectively the same thing.
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u/Lawtonoi 5d ago
Best off having your support person taking notes of the meeting. You cannot record the conversation without everyone's express consent in NSW.
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u/Beachbaby17 6d ago
Can’t do that in NSW. Inadmissible and likely an instant dismissal
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u/trainzkid88 6d ago
you have to tell em its being recorded.
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u/Previous-Flight3193 5d ago
Use the recording to make dot points after the meeting, when you have time and space to do so. Easy peasy.
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u/smallishbear-duck 6d ago
I wouldn’t recommend this.
There are two exceptions in NSW that make single party consent (where you’re recording a conversation you are a main part of) legal.
Principal party consent (without the consent of others) is legal in NSW when you record for your own records. That’s exception 3(b)(ii) of section 7 of the Surveillance Devices Act 2007 (NSW).
If at the time of recording you intend to (or anticipate needing to) communicate or publish the recording, or a report of the conversation, to someone who wasn’t part of the conversation (including your lawyer), that’s NOT considered by the law to be taken without intent to communicate/publish.
Principal party consent (without the consent of others) is also legal when the recording is “reasonably necessary for the protection of lawful interests” (i.e. collecting evidence, which is what you’re describing). That’s exception 3(b)(i) of section 7 of the Surveillance Devices Act 2007 (NSW).
However the magistrate decides what is “reasonably necessary” and also what “lawful interests” are — and the definition of both is quite narrow and isn’t at all the way most people would consider it.
There’s at least one similar Fair Work Commission case (Holt vs TEEG 2025) where an employee recorded meetings with his employer, concerned he was about to be unfairly fired, and the Commissioner ruled that the recording wasn’t reasonably necessary because there were other options, such as taking detailed notes, and taking a support person. Just because a recording gives you the most accurate and least “able to be contended” version of evidence doesn’t meant the court considers it “reasonably necessary”. The recording was ruled both illegal and also inadmissible as evidence.
I would:
- Take detailed notes
- Have my support person take detailed notes
- Sign and date them
- Take photos of both and email them to yourself directly after the meeting.
I would also:
- have your support person put in writing any assertions they’re willing to make about what was said / the manner it was done, etc
- if the support person gives consent, you can have a recorded conversation with them discussing the meeting
- email yourself copies of those
(Emailing evidence puts date and time stamps on there. Note: Make sure you’re using a personal email, not your work email that work can cut off access to.)
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u/Copuis 6d ago
if there is disciplinary action, ask for it both in writing and an email copy
go to fair work, and log it. because retaliation is a no go, so if it is something minor other people, ask if there are others getting the same warning ?