Just back.
Company claims salary in lieu of notice from me=$3200
I claim unpaid OT for a year + and overwork (more than 44 weekly
for over 3 weeks)
Assistant Commissioner suggests
-We settle this out of court, or it could drag to March next
year
-Claim for pay in lieu of notice from me is valid
-My OT should be paid, and cannot be accumulated, which is what the
coy has done
-Working employees over 44 hours every week is an infringement of
the law by the company
-It’s not true that working over 44 hrs for three consecutive weeks
voids the contract. I have a choice to refuse to do OT, but the
consequences of me refusing (like being kenna fired by the coy)
will not be governed by the law. (this part confuses me
actually)
-It could just be a simple case of math, get the OT pay that I’m
supposed to have, use that to offset all/part of the pay in lieu of
notice ($3200)
He didn’t make an Order in the favor of anyone, but suggests
settling this out of court.
I spoke with the staff after the session and suddenly, she
brings up the “what about the bond money?”. If you remember, the
letter of demand I received from the coy actually asked for $3200
for bond breaking(quitting within 2 years) and $3200 for pay in
lieu of notice. First of all, the MOM summons
letter states that the coy claims “2 months pay in lieu of notice”.
Second, why never bring up to the Assistant Commissioner just now?
Why bring up to me after the hearing is over? She says she didn’t
think about it. I don’t know.
I said I would like to follow the suggestion of using my OT and
November’s salary+comm, of which I haven’t received yet (cos I quit
mid Nov), to offset the $3200. She said she would talk to the
boss.
She called just now and said the boss is agreeable to use the OT
and salary. My OT is apparently 73.5 hrs. Hello, for the whole
freaking year (18 Nov 2010-13 Nov 2011) at 1hr-2hr OT per day? I
think not! Basically this is as far as they are willing to pay.
So, the total amount that I can use to offset will be 1088.81
(pay+comm+OT). so I need to pay 2111.19.
Will go to the HQ to see the OT / punchcards on the 27th, next
tues.
Thank goodness I have a good family friend helping me out on
this.
