I have been employed at my Company since 6 May 2013. I resigned on 12 December 2014, with my last day of work on 11 January 2015. This is a hospitality based company.
I am a manager, and earn over the threshold, but my contract of employment states the following as discussed in the terms and conditions of my employment : Double Pay or time off in lieu for Public Holidays worked. One and a Half Pay or time off in lieu for Sundaes worked. Over Time on Company Approval.
The company requires all staff to work 6 days a week, 5 single 8 hour shifts and 1 double shift of 12 hours or more. Thus 7 shifts in total. Public Holidays and Weekends are compulsory.
I have never been paid a single cent for this over time, Public Holidays or Sundays worked... Nor have I received any time off, or has time off been accumulated as a result of the latter.
What am I entitled to claim from my employer now that I have resigned? Also note that I have attempted to raise this issue several time with our HR department, but was told that "I am painting a target on my back", by doing so?!
This is further complicated by the fact that managers are not allowed to make use of your timekeeping system, as we work 60-70 hours a week. What can be submitted as proof? And who is responsible to prove the latter?
You are entitled to claim whatever is owed to you as a result of your contract. However, note that some employers build the overtime and in-lieu leave pay into your monthly salary if those hours are set. This can be done where there is a sectoral determination allowing it. Other employers allow employees to opt out of such.
It is suggested that you consult an attorney as to probability of success.