Underpayment of Wages

Underpayment of wages

Employees have entitlements arising from their contract of employment, from awards and industrial instruments (such as an enterprise agreements or individual flexibility agreements), as well as legislation.

Turner Freeman has extensive experience in ensuring that employees are paid their full wages and benefits.

Contract of employment

Almost all employees have a contract of employment. Of course, the contract may not be written, or may only be partially in writing (such as a letter of offer). It may contain terms that were agreed orally between the employee and the employer, or contain terms implied by conduct or the law.

Turner Freeman can assist in determining the rights and obligations that exist under the contract of employment.

Where an employer has not met its obligations under a contract, a claim may be brought for breach of contract or, potentially, under the Fair Work Act.

Awards and Industrial instruments

Under the Fair Work Act, increasing numbers of employees will be subject to a Modern Award (a document that sets out minimum conditions across an industry), or an enterprise agreement.

We are able to assist in advising the correct award or enterprise agreement that applies, and to advise on proceedings to recover underpayments.