A bartender whose pay was docked for repeated use of his mobile phone while he was at work has hit back at his former boss and 'boomer' critics after damning CCTV images of him were released.
The Melbourne University commerce student sparked a social media furore this week when he sought advice on Reddit after $298.65 was deducted from his pay packet for his January 2 shift at Birdies Mini Golf and Sports in Forest Hill.
His total pay for the public holiday shift should have been $537.57, but after deductions he received just $238.92 for nine hours' work because he had spent 'over 5 hours on (his) mobile phone during (his) shift'.
Bar owner Stephanie Doyle stands by her decision as she exclusively supplied damning CCTV images of the bartender constantly on his phone during his shift to Daily Mail Australia.
The fallout has since deepened after the bartender quit and filed a complaint with employment watchdog Fair Work Australia over what United Workers Union described as 'wage theft'.
He insists he only used his phone on shift when there were no customers.
'I was obviously shocked, I didn't think I was on my phone for the entire five hours, that's more than a half of my entire shift,' he told Seven News.
'They would like me to clean the windows, clean the golf courses and clean the whole venue and honestly that's not what I signed up for.'
'She sent a text not to contact her or she'll file a report for harassment.'
He also shared the final series of messages with his former boss in a final attempt to get reimbursed before taking the matter further.
'Are you not going to reimburse me?' the student texted.
Ms Doyle replied: 'Do not contact me again.'
The bartender then texted back: 'Okay I see if you would not like to cooperate, I will take the matter to authorities.'
When Ms Doyle repeated her request to not be contacted, he wrote 'okay, expect Fair Work to contact you. Goodbye.'
The man took to Reddit on Tuesday night to provide an update that he has filed a report with Fair Work Australia.
'I think it will be a pretty easy case for them,' he posted.
'Someone pointed out that they did not follow the award pay increases which caught my attention as well as the fact that I worked 9 hours without breaks which is also illegal.
'I will inform Fair Work of these when they contact me again.'
He reiterated claims he didn't sign a contract or see any company policy in relation to phone use, contrary to his former employer's claims.
'I did not sign a contract or have seen any company policy at all. The only things I signed were tax file form, superannuation form and employee detail form,' he wrote.
'Even if the contract had a clause in it regarding phone use and wage deduction, it would still not be legal.
'And whoever commented that the bar was spotless, you are spot on. The owner claimed that she came from Sydney and cleaned for four hours after I left. Could be true if she was scrubbing the floors with a toothbrush.'
He ended the post vowing to keep everyone updated and hit back at the outrage unleashed on him after the CCTV images of him went viral.
'Also the boomer comments are funny LOL,' he signed off.
Debate has raged over the saga prompting experts to weigh in.
The United Workers Union believes the bar owner could have a case to answer.
'It's unlawful, in fact it's probably wage theft,' union deputy director Imogen Beynon told Seven News.
'If your boss is asking you to check your phone for their instructions on one hand and on the other they're going to ping you for it, then that's not right.'
Zana Bythaway from Jobwatch added: 'This is performance and conduct issue and you cannot deal with that by deducting wages.'
The former bartender has since bounced back from the earlier wave of criticism he received and been inundated with mostly positive messages of support.
'It's weird how boomers go on about how we need less government intervention when cases like this show why we have regulations in the first place,' one commented.
Birdies Mini Golf and Sports Bar continued to be hit with online abuse and negative reviews on Tuesday night before the comments section on social media platforms were deactivated.
Birdies' owner Stephanie Doyle told Daily Mail Australia a day earlier the bartender's recollection of events shared on Reddit were not the full story.
She claimed the casual employee had been paid for two other full days, despite also using his phone on those shifts.
When he was on his phone for his third shift in a row she decided to dock his pay, but claims to have warned him first.
'We are not talking about checking for messages every now and again or shooting off a quick text,' Ms Doyle said.
'We are talking about five-plus hours of being on his phone and ignoring clear directions to stop that behaviour and to do specific tasks.
'He was clearly engaged in personal activities for many hours and not working.
'If this was your business, would you find that acceptable conduct?'
Ms Doyle claimed on the day she docked the employee's pay, she called him 12 times 'explaining that he needed to get off his phone and work'.
'He said "ok" and then ignored me every time,' she alleged.
'On at least five of those calls I reminded him that excessive and continued private phone use was not acceptable and that he would not be paid for all of his shift if this continues.'
She also alleged he didn't complete the work assigned to him - going so far as to claim that his inattention cost her hundreds of dollars.
Ms Doyle revealed her social media and the bar have since targeted with 'vile' abuse.
'I have received a barrage of hate emails saying vile things,' she said.
'Both of my venues and staff working today have also received hate calls, which is uncalled for and distressing for them.
'I have been trolled on all forms of social media. All because of an employee who chose to share a snippet of the story rather than the entire story.'
The man claimed to have quit the job at the suggestion of fellow Reddit users.
In a bizarre update on Monday morning, the employee told Reddit followers that he had received a chilling phone call after asking for his docked pay to be refunded.
An employer can only deduct money if:
Source: Fair Work Commission
'I have got no response from Birdies after trying to contact. Did get a no caller id call with a voice I recognise ...
'He threatened to post posters in Melbourne University (my uni) saying that I am a paedophile. That's the kind of people I'm dealing with.'
Ms Doyle rubbished the suggestion she or anyone on her behalf did this.
'This is completely denied. I am the owner of Birdies and no one has been making calls or anything of this nature.
'No one would do this on my behalf. And under no circumstances would I ever ask someone to.'
However, she did say the bartender had threatened her with 'reputational damage' if Birdies didn't return the docked pay.
'Fair Work is a fantastic resource,' she said. 'If the employee wants to he can contact them and Fair Work will investigate.'
Ms Doyle said other staff also use their phones while working, but after warnings they usually stop.
'I have had to warn employees for watching movies on their phones and excessive phone use previously, but they modify their behaviour inline with expectations,' she said.
According to Fair Work Australia 'there are limited situations when an employer can make a deduction from an employee's pay or require an employee to pay money'.
They cannot deduct if it 'is unreasonable in the circumstances' or if the worker is aged under 18 or without an agreement in place.
According to the Fair Work Commission, deductions from wages can only occur if they are authorised by an employee or if a governing agreement authorises it.
Ms Doyle said she sought legal advice before docking his wages.
'My understanding is that if an employee has received warnings (without any deductions or penalties) and is also aware of the policy then it's fair to deduct,' she said.
'And I didn't just deduct I spoke to him numerous times on the day and kept warning him and he simply ignored me as I wasn't in the venue, despite knowing there are cameras everywhere.
'That's why I was so transparent on the pay slip. I'm not hiding anything.'