Employees who are not paid in accordance with their Award or Agreement can claim underpayment from their employer.
In recent times employment lawyers have handled a series of cases in which Presiding Magistrates have ordered employers to pay the money due to the employee as well as imposing substantial fines.
Where there is said to be a case of an employer underpaying an employee, the Fair Work Ombudsman investigates breaches of awards and will prosecute employers who do not comply with them. Special Fair Work Divisions have been created in the Federal Court and Federal Magistrates Court to hear new workplace law matters.
With Modern Awards being phased in, there are also new rules relating to working on Saturday and Sunday as well as the calculation of allowances and overtime. There are likely to be other changes as well, and employment lawyers are the ones best equipped too keep up with the changes.
Up to date record keeping is one of the keys to preventing later disputes, and once again employment lawyers can advise you of new developments.
Not only do all awards in both the Federal and State employment legislation require employers to keep proper records, but employees must have access to those records.
Employers should seek advice immediately if they are unsure about details of record keeping or become aware of a potential underpayment claim.
