Underpayment in Australia is, unfortunately, relatively common.
Most Australian employees are covered by a Modern Award, which sets the minimum entitlements payable to the employee in the corresponding industry. Some employees are Award-free, and others may be covered by enterprise agreements.
Minimum entitlements may include hourly or weekly rates of pay, allowances, weekend and shift penalties, overtime and annual leave loading.
An underpayment may also be established where an employer unlawfully deducts amounts from an employee’s pay.
Determining the scope of an underpayment can be complex and include an assessment of the number of hours worked, the span of those hours, and the duties performed by the employee. Even if an employee is paid above the Award rate of pay, they may still have been underpaid.
Employees may commence proceedings against their employer to recover unpaid sums accrued up to six years ago.
In addition to repaying any sum unpaid, an employer may be liable for penalties up to $126,000 for individuals and $630,000 for companies for breaching a Modern Award or Enterprise Agreement under the Fair Work Act 2009.
Ticli Blaxland Lawyers has the experience and expertise to assist you with pursuing or defending an underpayment claim.
Contact James today for expert and practical advice.
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