Underpayment of Wages or Contractual Entitlements

Employees’ entitlements may arise from the interaction of laws, awards, enterprise agreements and your contract of employment. Turner Freeman can provide advice on the extent of an underpayment, and act for you in proceedings to recover the underpayment, if this cannot be achieved by negotiation.

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

The source of wages and other entitlements can be quiet complex. Employees will generally have entitlements arising from their contract of employment, from an awards and industrial instruments (such as an enterprise agreement or individual flexibility agreement), as well as legislation.

The Contract of Employment

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

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

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

Awards and Industrial Instruments

Under the Fair Work Act, many employees are subject to a Modern Award (a document that sets out minimum conditions across an industry), or are covered by enterprise agreements.

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

Fair Work Act

The Fair Work Act contains substantial protections and entitlements. The National Employment Standards provide a set of core minimum entitlements. The Act also provides protections against unfair dismissal and discrimination.

Turner Freeman Lawyers can assist you in identifying entitlements under contracts, industrial instruments and legislation. We can assist you in prosecuting a claim for recovery of those entitlements.

If your employer does not pay you in accordance with workplace laws or under the terms of your contract, you may have an underpayment or breach of contract claim.

Turner Freeman Lawyers can provide you with advice in respect of recovering the following:

• Underpayment of Wages;
• Holiday Pay;
• Long Service Leave;
• Shift Allowances;
• Overtime Payments;
• Bonus entitlements.

Please contact Turner Freeman Lawyers to discuss your matter further.