Owed unpaid wages and made to sign a gag order
My sister in law is dealing with some issues at work and I bet someone here might have some good advice.
She’s been working in a small restaurant for ten years - casual the entire time, had asked for a full time contract over the years but the boss is a complete flake and all round unreliable. They’re also quite friendly and have become close over the years. The casual/full time issue doesn’t bother her.
What does bother her is that she’s recently figured out she’s been underpaid nearly the entire time. In addition to her super being unpaid the last year.
She confronted the boss and things got awkward. In person he was very apologetic and said he’d backpay - in writing he clarified that he is only liable for the last six years and that due to the award rate - he owes her less.
She basically manages the place and works there six days a week, opens, closes, orders stock, manages other staff (also underpaid).
He owns her upwards of 30K minus the super.
The negotiating was getting lengthy with no resolve and he made her an offer of 20K, stipulating that she sign a gag order. Don’t know if that was exactly what was on the document but that’s what she has told me - the doc apparently stated that she wouldn’t pursue anything further.
He’s been making small incremental payments to backpay super.
With signing this confidentiality agreement/gag order - can she still report him to the ATO/fair work, and if she doesn’t can I, and have him be investigated?