As a permanent part-time employee, your contracted hours of work are your entitlement and must always be paid by your employer.
Your hours of work may be set out weekly, fortnightly or in 28-day terms, most commonly on a fortnightly basis. If you have a contract of employment for 56 hours per fortnight, for example, your employer can roster you between 18 and 38 hours a week, but the total at the end of the fortnight must be at least 56 hours. If your employer wants you to work more, they can give you extra hours if you agree.
Sometimes employers claim that they haven’t got enough hours in a house because a client passed away, or a client left for another provider, or a client no longer wants to work with you. Then they may use these as excuses for not paying you for those hours.
This is unlawful.
Your employer has an obligation to give you enough hours of work as contracted. The work must be within your skill set, within their business and within a reasonable commuting distance. If they can’t meet the contracted hours, they must pay you for those hours anyway.
HACSU has gotten involved with issues like this and helped staff members to get back pay for short hours, so if this has recently happened to you and you would like our help to address it, please feel free to contact us on 1300 880 032.
If you know of any colleagues who aren't yet HACSU members and are having such issues, then now is the time to encourage them to join too.