I worked as a cook in a restaurant while on my first Work&Holiday visa (subclass 462) to complete my 88 days of regional work for an extension.
I had a contract as casual worker and I worked at the place for 3-4 weeks before I left. I have a payslip from my first week of work (I only got it after reminding it multiple times to my superiors, which is already unlawful as they must be provided within 1 day from payday). Everything was okay with this one, taxes were withheld and a superannuation contribution was made to my fund.
I did not receive any of the following payslips, even after insisting through multiple email conversations during the 4 months after I left the workplace and I was back in my country.
I did receive payments in my bank account at their due times (except for the last payment which I had to remind them I didn't receive my pay for the last week).
Since I have no payslips, I don't have the details of those payments. No idea how much taxes where withheld, if any. No super contributions were made along with those payments.
They kept playing dumb argumenting that I should have received them and that they didn't know why I hadn't. After trying my best to receive the payslips that they owe me, I had to bring this issue to the Fair Work Ombudsman (FWO) and report them.
After a couple months of investigation, the FWO had to close the case because my employer made up a lie saying that I was freelancing for them and that I was not employed. The FWO told me that since because of this statement they couldn't be 100% sure that I was in fact an employee, they wouldn't continue the investigation. They have no evidence for this, as I never agreed to such thing. What the employer used against me, was that I helped them with their business website and that in my resumee it was mentioned that I am a web developer. I barely helped them with that a couple of days during my employment, when I was asked to. My hours were still being registered as usual in the Deputy Kiosk in the kitchen. To protect themselves, they made it look as if I were working for them as a freelance web developer and occassionally helping them in the kitchen as well. It was all the opposite, and I was never freelancing for them.
I never provided them an ABN, a quote, an invoice, an hourly rate. Nothing. All they had was the information in the form that every employee has to fill, were we enter our TFN and superannuation account. The fact of having one first payslip proves that I was an employee, and I have photos of my contract as well.
Because of all of this, not only am I having issues to fill the application for my visa extension, but I don't know if taxes were withheld or not (no payslip to check it) so I cannot lodge my tax return because I don't have that information.
What am I supposed to do? After having to close the case, the FWO told me that only the ATO could help me.
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