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Home | Employment & Industrial Relations | Workplace Disputes | Underpayment of Wages

Employees’ entitlements may arise from a wide array of laws, awards, enterprise agreements and contracts 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 is often very complex. Employees will generally have entitlements arising from their contract of employment, from workplace policies, from awards and industrial instruments (such as an enterprise agreements or individual flexibility agreements), as well as legislation. Generally, when there is conflict between the different entitlements, workers should receive the set of terms.

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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

Since the passage of 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.

Fair Work Act

The Fair Work Act contains substantial protections and entitlements. The National Employment Standards provide a set of core 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.

An employee’s entitlements arise from a wide array of laws including awards, enterprise agreements and their contract of employment. If your employer does not pay you in accordance with these 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
  • redundancy pay.

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