Sexual Harassment in the Workplace
Underpayment of wages
Do you think you have been underpaid your employment entitlements? You can enforce your underpayment rights in a number of ways. An underpayment claim can arise when you are being paid an incorrect hourly rate, you have been incorrectly classified under the award/enterprise agreement, you aren’t receiving your overtime, shift penalty or allowances. It can also occur when you are being deprived of an entitlement under your contract of employment e.g. commission or bonus payments. You can check your minimum pay and conditions using the Pay and Conditions Tool.
We recommend all employees on an hourly rate record their hours, this evidence is critical to the success of an underpayment claim. The Fair Work Ombudsman has released the Record My Hours App to assist.
Underpayment of workers
Underpayment claims are commonly experienced by vulnerable workers, including those who are on visas and working in industries such as cleaning and hospitality. Australia has recently introduced new laws to protect vulnerable workers from underpayment, wage theft and cash back schemes. If you are a vulnerable worker you can seek free assistance through your local community legal centre.
If you have been underpaid, you are entitled to recover the underpayment at law as well as interest associated with the late payment. You may be entitled to pursue a civil penalty for your employers breach of up to $63,000 for a company and $12,600 for an individual involved in the contravention.
We have extensive experience in award, enterprise agreement and contract interpretation and enforcement. We are happy to take a look at your work circumstances and help determine if you have an underpayment claim and advise you of the best course of action to recover your entitlements. Enter your details into this form and we will be in touch with an obligation free phone call and a fixed fee quote.
If you are an employee you are entitled to pay and conditions under the Fair Work Act. You are entitled to minimum wage requirements, and you may also have a claim for underpayment in the following circumstances:
- If you have been required to complete formal or informal training to make sure you have the right skills and knowledge to perform your job. This includes on-the-job training, online or formal training courses or team training. If you have to do the training as part of your job, you are entitled to payment for the hours worked
- If you have spent time in meetings, or opening and closing business and you have been required to attend, you are entitled to payment.
If you think you have been underpaid at work, you can make a complaint to the Fair Work Ombudsman or bring proceedings in the Federal Circuit Court. Our expert workplace lawyers at Resolution123 can help you to choose which avenue to take to best suit your individual circumstances.
We recommend you retain as many of the following documents as possible:
- Job advertisements;
- Letter of employment;
- Contract of employment;
- Pay slips;
- Group Certificate or annual payment statement showing your income for the year and any tax paid;
- Any other letters or emails from your employer regarding pay rises, promotions or superannuation; and
- Any diary notes listing hours that you worked and breaks taken.
If you no longer work for the employee that you are initiating a claim against, it is important that you retain your employment separation certificate, a copy of your resignation or dismissal and any reference or statement or service that your employer provided.
Our lawyers have extensive experience in award, enterprise agreement and contract interpretation and enforcement. We can assist you in determining if you have an underpayment claim and the best way to recover your entitlements. Possible options may be to send a letter of demand or commence formal legal proceedings.
Our expert workplace lawyers are able to provide legal services at around 1/3 the cost of what you might expect to pay an equally experienced employment lawyer in traditional practice. This is because we have eradicated the billable hour, we provide value based fixed fee quotes and we have cut out the fat associated with traditional legal practice (fancy office space etc).
You will receive a free, fixed fee quote within 24 hours of submitting your enquiry. At Resolution123 we aim to put employment law advice within cost reach of every employee, without compromising on quality.
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From Our Blog
My employer is not paying superannuation!
Superannuation allows Australian employees to save for their retirement over the course of their working life. It is compulsory for employers to contribute to an employee’s superannuation fund. However, it is estimated by the Australian Taxation Office (ATO) that up to 20% of businesses are non-compliance with their superannuation obligations.
Underpaid at work what are my rights?
Carly appeared on the Weekend Edition of Sky News to discuss the George Calombaris news he had underpaid his staff almost $8M and paid a $200,000 contrition payment. It was a great opportunity to discuss the problem of underpayment in Australia and what you can do if you are being underpaid.