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Have You Experienced Wage Underpayment?
Employees have to be paid at least the minimum national wage plus any other specific wage minimums and entitlements as set out in the applicable Modern Award, Enterprise Agreement, Fair Work Act 2009 and contract of employment. If you are unsure if you have been affected by underpayment of wages, and whether you are being paid correctly, we can assist you with your wage underpayment claims.
If you believe your employer has failed to pay your correct wages or entitlements, contact Rubix Legal. A wage theft lawyer can provide trusted employment law advice, with support from dedicated employment lawyers for employees. Contact us by completing the form below, booking a consultation or calling (07) 3726 5002.
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Am I Being Underpaid?
If your employment is covered by a Modern Award or Enterprise Agreement, there are very specific obligations that your employer must comply with. Underpayment of wages (a failure to pay the applicable minimum wage) or other entitlements (such as overtime, penalty rates and leave loading) can be a very serious breach of the Award and Fair Work Act. If you believe you have not received your correct wages or entitlements, seeking legal advice on underpayment claims from an experienced wage theft lawyer can help you understand your options.
Employers who breach an Award provision or clause of the Fair Work Act can be significantly penalised per breach both as a corporation and as an individual knowingly involved in the contravention. These penalties are indexed every year.
There are also substantial penalties for employers who exploit vulnerable workers such as migrant workers.
If you believe you are experiencing wage underpayment it is important that you retain records of the underpayments, such as rosters, timesheets, diary entries and pay slips showing what you have been paid. This information will greatly assist any underpayment claims you pursue.
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What Are My Options?
We can assist you with calculating the value of any wage underpayment including any possible penalties that your employer may be exposed to if not remedied. Many underpayment of wages claims and disputes can be resolved amicably out of court, through strategic negotiation with your employer.
If the dispute regarding your underpayment of wages cannot be resolved, there are several options that may be available to you. These include, complaints lodged with the Fair Work Ombudsman, claims through the Federal Circuit or Federal Court of Australia and employment claims through local Magistrates Courts.
Contact us to assess whether you are eligible and which process is best suited to your wage underpayment claims.
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