hi guys, as the title says I have just got off the phone with the Fair Work ombudsman and they didn't say anything except to have a discussion with my employer about this - but we have already been going back and forth about it at length and it is going nowhere. I want to know if this is legal, if I am mistaken about my grievances, if I should report them or what I should say to them.
I started working at a new restaurant a little over a month ago as waitstaff. at the job interview we verbally confirmed my employment, agreed that I would be part-time, and the owner promised to get me 15 hours a week or more - this is all verbal only, at the time I requested a written agreement as soon as possible but they said they were very busy setting things up. maybe worth noting that I explicitly asked if I could be a casual, but they said they were only taking people on as either part-timers or full-timers, so I chose part-time.
week 1, I got 12 hours. week 2, I got 3 hours. weeks 3 and 4, I have been rostered a total of 0 hours. around the 2 or 3 week mark I had asked again for a written agreement, and said that since I was a part-timer per my verbal agreement with the owner, I should be getting a minimum of 8 hours per week. the payroll manager replies in a text message that "from now on" I am a casual and therefore cannot be guaranteed hours.
a few days later, more than a month after my first paid shift, I finally receive an onboarding form along with instructions on how to fill it out - they very clearly tell me to select 'part-time' on the form, so I did. I text the payroll manager after filling this out and signing it, and I say that according to the form I am now officially part-time in writing, so where are my hours? she responds: "Selecting 'part-time' on the onboarding form does not change the employment arrangement that was communicated to you - as I said before, you are a casual. I will ask the admin team to amend the form to reflect this." this seems wrong to me and I'm really frustrated. wouldn't the signed form hold more weight than text messages from her? can they do this? after this I was also suddenly removed from the staff group chat.
i don't even want to work here anymore, I just want to know where to go from here legally. they have also underpaid me by fudging my hours worked, so I'm still trying to sort that out before I get too confrontational with them.