Underpayment claims and wage theft

An underpayment arises when an employer does not pay an employee their correct entitlements under a contract of employment, the Fair Work Act 2009 (Cth), the National Employment Standards, a modern award or an enterprise agreement. This can be an entitlement to minimum wage, overtime, penalty rates, allowances, leave and loadings.

Many employees are not even aware they are being underpaid because they receive an “annualised salary”. This means they receive an annual rate of pay in excess of the minimum award wage, purportedly in satisfaction of all entitlements under an award. However, where an employee works long hours or on weekends, the annual salary may in fact leave them worse off overall when compared to what they would receive if they were paid award rates. In this scenario, an underpayment of entitlements will arise.

Permanent and casual entitlements

A lot of media attention has arisen recently around the underpayment of regular and systematic workers who were incorrectly classified as casual employees. The lawyers at Jewell Hancock Employment Lawyers have been making claims for permanent entitlements for employees in this situation for many years and can support you in doing the same.

How to make a claim

Underpayment claims are complex and are usually made in the Federal Circuit Court of Australia or the Federal Court of Australia. The lawyers at Jewell Hancock Employment Lawyers have successfully made hundreds of claims for unpaid entitlements over the years and have recovered millions of dollars in compensation. Given the complexity of the jurisdiction, it is always best to obtain sound legal advice before making a claim.

Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.

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