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Backpackers urged to report illegal ‘unpaid trials’

A number of empoyers in Sydney have been accused of cheating backpackers out of wages.

Unscrupulous employers in Sydney have been exposed as cheating Irish backpackers with unpaid ‘trial work’.

Though the practise is illegal, dodgy employers are taking advantage of young people who are desperate for work.

Bosses send the worker, often in Australia on a Working Holiday visa, out on a day’s work as, for instance, a charity collector.

Then, at the end of the day, they are told that not only is there no further work but they are also not going to be paid for the work they have already done.

Sligoman Paul McGovern told the Irish Echo his 22-year-old niece, Niamh, is one of those who have been cheated out of a day’s pay.

“They got her to sign a form on the day saying she wouldn’t be paid for the day,” said Mr McGovern.

“When she told me about this I thought, ‘that’s interesting, they’re putting it in writing that they’re not complying with the legislation’.

“But they didn’t give her a copy of the letter. So I got her to write to them to request payment for the work. If they respond to her letter with the form she signed to say she would not be paid, that will give us something to take to the Industrial Relations Commission,” he said.

The NSW Industrial Relations Commission (IRC) website is very clear on this issue, stating that “Unpaid work trials are illegal”.

The practise of not paying someone by saying it was only trial work is thought to be most common in the area of telesales and door-to-door selling. Charity collectors are also at risk if the collection has been contracted to an outside agency.

Disreputable companies ripping young people off in this way are known to operate in areas such as Bondi Junction in Sydney – a popular destination for Irish backpackers.

“It is, of course, understandable and admirable that young people are prepared to do whatever it takes to ‘bag that job’. But that’s what these unscrupulous employers are taking advantage of,” said Mr McGovern.

“It is also understandable that no single backpacker wants to refuse to undertake an unpaid trial, for fear that they will be seen as ‘difficult’ and the next person in line will get the job,” he said.

Mr McGovern is hoping his niece gets proper financial compensation for her work, if necessary by taking her case to the IRC.

“I’m hoping and praying that the company is stupid enough to send back a copy of the letter she signed,” he said.

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2 Comments For This Post

  1. Leighton Says:

    This is still common unfortunately. My wife who is Irish came over and landed a job as a cafe manager in Newcastle. She is a qualified chef but she hurt her neck playing with the kids on Christmas day and said she couldn’t start straight away. She did approximately 50 hours over the first two weeks and was told she was on a trial. This was to see if her neck was better. It wasn’t and she did not get paid. This was interesting as she covered shifts that allowed the owners to go on holidays. We were friendly with these people but not anymore and they also lost us as customers. We have seen numerous staff come and go since and we wonder if they were paid.

  2. Kathleen Lamb Says:

    With regards to your recent article “Backpackers should report employers over illegal “unpaid trials” I wish to add something further.

    I was an Employment Consultant in Queensland until retirement a few years ago.

    I witnessed lots of young Australians doing “trials” as waitresses/waitors for a couple of days at a time and then told “We don’t need you anymore – you’re not good enough.”

    These young people not only were not paid, but felt devastated to be told their work was not up to standard. This was only to get them out of paying.

    Some Restaurants did this all the time. Nothing was done about it.

    I saw many a lovely young girl come crying into our Government Agency saying that they felt devastated at being told “they were not good enough” after a trial period, and yet it was a scam to save money on wages by the shonky employer. 

    I hope that young Irish backpackers will avoid this situation.

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