For Cathy Mueck and Mary McDonagh, their years as dedicated employees at Focus Eyewear were marked by loyalty and hard work. They were the kind of workers who “never took a sick day,” always going above and beyond to support the business and each other.
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However, after resigning from their roles in 2023 due to workplace stress, their journey to secure long-overdue entitlements turned into a nearly two-year battle—one they never anticipated.
The Decision to Resign
Cathy and Mary spent over a decade working together as receptionists and optical assistants, forming a close friendship. By early 2023, mounting stress at Focus Eyewear forced them to make a difficult decision.
Mary was the first to leave after her doctor advised her to resign due to health concerns. Shortly after, Cathy followed suit, handing in her notice but returning for her final two weeks to “do the right thing.”
Little did they know, their departure would spark a fight for justice that would stretch on for years.
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Uncovering the Problem
When Cathy and Mary received only their final week’s wages upon resigning, they grew suspicious. Without detailed pay slips, they had no clear record of what entitlements—such as superannuation, annual leave, or long service leave—were owed to them.
Their suspicions were confirmed when Cathy contacted the Fair Work Ombudsman. While they received help reclaiming their annual leave balances, they were advised to approach other agencies for superannuation and long service leave.
A Complex and Exhausting Journey
Cathy and Mary’s pursuit of justice led them through a maze of regulatory bodies, including the Fair Work Ombudsman, the Australian Taxation Office (ATO), WorkSafe ACT, and the ACT Civil and Administrative Tribunal (ACAT).
- Superannuation and Annual Leave: With assistance from the ATO and Fair Work Ombudsman, they eventually recovered these smaller amounts.
- Long Service Leave: This proved far more challenging. Cathy was owed $16,739, and Mary $11,266, including interest. Despite contacting WorkSafe ACT, they were advised to seek independent legal action, as the regulator could not directly enforce payment.
Legal Action and Support
Feeling overwhelmed, Cathy and Mary turned to the Women’s Legal Centre, a free service offering legal assistance. With the help of lawyer Susan Price and her team, they successfully obtained tribunal orders for their unpaid long service leave.
Despite these legal victories, the payments were still pending as of today.
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The Toll of the Fight
The battle for their entitlements has taken a heavy toll on both women. From constant emails to missed work and sleepless nights, the process has been draining.
“It’s constantly on your mind,” Cathy shares, adding that she’s exhausted from checking her bank account daily, hoping for resolution.
For Mary, the journey has been equally frustrating. “I’m determined to get justice and receive what’s due to me,” she says, but admits the process has been emotionally taxing.
Strength in Friendship
Amid the stress and uncertainty, the bond between Cathy and Mary has been a source of strength. Supporting each other through endless legal hurdles, they credit their friendship with helping them persevere.
The Bigger Picture
Susan Price, from the Women’s Legal Centre, highlights the systemic challenges workers face in securing unpaid entitlements. Many, especially those with caregiving responsibilities, simply don’t have the time or resources to fight for what they’re owed.
“This case shows the complexity of chasing entitlements,” says lawyer Isabel Michael. “A lot of people don’t pursue their rights—not because they don’t need the money, but because the process is too exhausting.”
A Fight for Justice
Cathy and Mary’s story underscores the importance of enforcing workers’ rights. While their fight may not yet be over, their determination and friendship stand as a testament to the resilience of those who refuse to be denied what they’ve rightfully earned.
For now, they wait, hoping this long ordeal will finally come to an end.
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