Pub boss receives death threats after docking employee for personal mobile phone use

A student working at a Melbourne pub was docked $298.65 in wages for excessive use of his mobile device.

The student and former casual employee posted the public holiday pay dispute with Birdies Mini Golf and Sports Bar in Melbourne’s Forest Hill on social media.

The post went viral with the owner now receiving death threats over the action.

“I work in hospitality and I have been deducted five hours of pay for ‘mobile phone use’,” the bartender claimed on Reddit.

“I single-handedly worked at the place from open to close.

“I did use my phone when there are no customers. Is this legal?

A note on the employee’s payslip, revealed the pay had been “deducted for over five hours on mobile phone during shift (unauthorised)”.

The owner of the bar has hit back, explaining why the employee was docked.

“I warned him, ‘If you keep doing this, I’m not going to pay you for the hours you’re on the phone and doing personal things,’” a representative told News Corp.

“He said, ‘Yes, OK,’ but it continued.”

The Birdie’s representative said her Sydney boss called the worker several times to ask him to stop using his phone. The bar alleges the worker was watching movies and scrolling through social media only than 30 minutes into his shift.

“He worked close to nine hours and I paid him for four, which were the hours he was not on his phone,” the representative said.

“There’s a big difference between a quick text here or there and sitting down to watch a movie.”

Hundreds of Reddit users have urged the employee to get his money back, claiming the act was illegal.

“Absolutely not. They may be able give you a warning for unauthorised use of your phone during work hours (or reduce your shift in the future) but cannot deduct your pay because of it,” said one Reddit user.

Another said: “I’m a senior payroll officer. That deduction is 100 per cent illegal. Contact the Fair Work Ombudsman.”

According to Fair Work Australia, the act was illegal and an employer can only deduct wages if the employee agrees in writing and it is allowed under their award.

Birdies said employees sign an agreement before starting work with the company that states deductions from wages are possible for unreasonable phone use.

17th January 2023