Workplace Ombudsman

[Neo]

In the expose on Today Tonight into child labour abuses within the Melbourne Scientology Org, a mention was made of both the Workplace Ombudsman, and the Employment Department, of the Victorian Government.

Both of these Government agencies have been contacted, regarding the above story. The ball has already begun rolling on this.

However, before I did this interview, I had personally contacted the Workplace Ombudsman, with a detailed letter of my experience as a staff member of the Church of Scientology here in Melbourne. I included a copy of the contract. This is available on the internet, I don't have a link handy, perhaps someone could help out here.

I heard back from the Workplace Ombudsman within a few days. They forwarded the contract onto their lawyers. I have been contacted since with more questions. I have forwarded copies of my tax group certificates, and examples of pay slips (I kept all of them - hey I'm a Virgo).

There were people on this board who encouraged this action by posting details. DavidM, and asagai were both instrumental in putting relevant data onto this message board that I could use to act with.

I looked into the matter, and based on my understanding of the legal definition of the terms 'employee' and 'volunteer', I decided to act.

From the Australian Taxation Office website http://www.ato.gov.au
and from a pdf file called TAX BASICS FOR NON-PROFIT ORGANISATIONS
Section 4 - Employees and Other Workers

Meaning of volunteer
There is no legal definition of ‘volunteer’ for tax purposes.

Meaning of employee
Generally, an individual is considered to be an employee if they:
■ are paid for time worked
■ receive paid leave (for example, sick, annual or recreation,
or long service leave)
■ are not responsible for providing the materials or equipment
required to do their job
■ must perform the duties of their position
■ agree to provide their personal services
■ work hours set by an agreement or award
■ are recognised as part and parcel of the payer’s business, and
■ do not take commercial risks and cannot make a profit or loss
from the work performed.

And per the definition of employee, I felt that Scientology staff members qualify as such. Therefore I have informed the department, and this is in action, right now.

I will let you know how this develops.

[asagai]

Glad to hear I was somewhat "instrumental", Neo!

For me it doesn't matter if the challenge happens in the UK or elsewhere, so long as it happens. Great job Neo!

Links to contract docs:

http://file.sunshinepress.org:54445/...agreements.pdf
http://www.researchthetruth.com/cosdocs-staff.pdf

[Emma]

Originally Posted by Neo

In the expose on Today Tonight into child labour abuses within the Melbourne Scientology Org, a mention was made of both the Workplace Ombudsman, and the Employment Department, of the Victorian Government.

Both of these Government agencies have been contacted, regarding the above story. The ball has already begun rolling on this.

However, before I did this interview, I had personally contacted the Workplace Ombudsman, with a detailed letter of my experience as a staff member of the Church of Scientology here in Melbourne. I included a copy of the contract. This is available on the internet, I don't have a link handy, perhaps someone could help out here.

I heard back from the Workplace Ombudsman within a few days. They forwarded the contract onto their lawyers. I have been contacted since with more questions. I have forwarded copies of my tax group certificates, and examples of pay slips (I kept all of them - hey I'm a Virgo).

There were people on this board who encouraged this action by posting details. DavidM, and asagai were both instrumental in putting relevant data onto this message board that I could use to act with.

I looked into the matter, and based on my understanding of the legal definition of the terms 'employee' and 'volunteer', I decided to act.

From the Australian Taxation Office website http://www.ato.gov.au
and from a pdf file called TAX BASICS FOR NON-PROFIT ORGANISATIONS
Section 4 - Employees and Other Workers

Meaning of volunteer
There is no legal definition of ‘volunteer’ for tax purposes.

Meaning of employee
Generally, an individual is considered to be an employee if they:
■ are paid for time worked
■ receive paid leave (for example, sick, annual or recreation,
or long service leave)
■ are not responsible for providing the materials or equipment
required to do their job
■ must perform the duties of their position
■ agree to provide their personal services
■ work hours set by an agreement or award
■ are recognised as part and parcel of the payer’s business, and
■ do not take commercial risks and cannot make a profit or loss
from the work performed.

And per the definition of employee, I felt that Scientology staff members qualify as such. Therefore I have informed the department, and this is in action, right now.

I will let you know how this develops.

Soooo......

In a nutshell, you can't turn up to work EVERY DAY as contracted, do a regular job, pay regular taxes and get sick & annual leave, and be called a volunteer.

And if you are NOT a volunteer, then you are an employee. And if you are an employee you are covered by minimum wage agreements.

Could the slave labour days of the cult be numbered?

[sallydannce]

Originally Posted by Emma

Soooo......

In a nutshell, you can't turn up to work EVERY DAY as contracted, do a regular job, pay regular taxes and get sick & annual leave, and be called a volunteer.

And if you are NOT a volunteer, then you are an employee. And if you are an employee you are covered by minimum wage agreements.

Could the slave labour days of the cult be numbered?

And that last sentence is KEY because without the slave labour, the sound of crumbling cult becomes deafening! Without the blood, sweat & tears of the slave labour force, there is very little left.

Jeez I feel quite emotional about this.

[asagai]

Add to your list, Emma, Freeloader Bills for breaking a "voluntary" work contract!

[Neo]

Originally Posted by Emma

Soooo......

In a nutshell, you can't turn up to work EVERY DAY as contracted, do a regular job, pay regular taxes and get sick & annual leave, and be called a volunteer.

And if you are NOT a volunteer, then you are an employee. And if you are an employee you are covered by minimum wage agreements.

Could the slave labour days of the cult be numbered?

Yes - my last line of the interview was 'Scientology is a business, operating as a cult, pretending to be a religion'. It was a nice sound bite for a show like Today Tonight, I thought, LOL.

But this is exactly what we a dealing with. Make them play by the same rules as all other businesses.

[Neo]

Originally Posted by asagai

Add to your list, Emma, Freeloader Bills for breaking a "voluntary" work contract!

And the OSA spokesperson said to Brian (the journalist) when asked about children signing these contracts, after some silence:

"Well those contracts don't mean anything anyway".

You got that right.

[gomorrhan]

Don't start clapping yet. I agree that this is an important movement, and I applaud Neo for becoming active. I consider there will be a lengthy investigation/appeal, legal action concerning this, with lots of weaseling by the "Church". I think the eventual outcome is possibly still in doubt, though, due to the longstanding tolerance of the Catholic Church and other organizations which have permanent, housed staff that are volunteers. You can be sure that the Church will cling to these arguments as long as it is fiscally worthwhile to do so. Nonetheless, without this motion, the challenge would never be brought, and it does need to be brought.

[asagai]

Originally Posted by gomorrhan

Don't start clapping yet. I agree that this is an important movement, and I applaud Neo for becoming active. I consider there will be a lengthy investigation/appeal, legal action concerning this, with lots of weaseling by the "Church". I think the eventual outcome is possibly still in doubt, though, due to the longstanding tolerance of the Catholic Church and other organizations which have permanent, housed staff that are volunteers. You can be sure that the Church will cling to these arguments as long as it is fiscally worthwhile to do so. Nonetheless, without this motion, the challenge would never be brought, and it does need to be brought.

I'm not sure of the defintions in Aus, but in the UK "members of a residential community of a recognised charitable organisation" are defined as members of a religious community and exempt form labour laws like the National Minimum Wage.

In the UK if the workers are non-residential (like Melbourne Org?) then they are not religious volunteers and are subject to the National Minimum Wage if they receive a regular small amount of payment for work done. HMRC have confirmed this to me.

As regards children I doubt that even the Catholic church in Aus would be allowed to employ children and deny them a formal education!

You are right that the CofS will try to weasel their way out of this, their history tells us that they will. Nevertheless the noose is tightening around the cult.

[Dulloldfart]

Methinks a whole lot of org children are going to get some better schooling real soon. For the time being, at least.

Paul