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Answered in 15 minutes by:
1/20/2020
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,261
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedHi, I’m John, solicitor, and reviewing your post.
You will be able to raise a claim with fair work for underpayment of wages.
Underpayment of wages or other entitlements for that fact is a serious matter. You will be be able to raise a claim under he Fair Work Act. The first option is to raise a claim with the Fair Work Ombudsman on the following link:
https://www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplace-issues/how-to-fix-an-underpayment
This is the most cost effective method as you will not require the assistance of a lawyer.
Fair Word will then contact the employer and commence an investigation into the matter.
Where it is found that there has been an underpayment Fair Work will issue an order to the employer to settle the payments due. The employer will also face penalties on the same under the Act for failure to pay the proper wages, if they are prosecuted.
The second option is to raise proceedings in the Federal Circuit Court. This way is a legal process and it is recommended that if you choose this method that you seek the assistance of a lawyer.
The Federal Circuit Court is the proper legal jurisdiction to hear disputes on underpayment of wages.
Where your super has not been paid, you can file a claim on the ATO website and the ATO will contact the employer to investigate and if the super has not been paid in a timely manner the ATO will ensure the employer pays the super and will also issue serve penalties to the employer for failing to maintain super up to date for the employee.
You can report your employer on the following link:
https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/
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John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,261
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedJohn Melis and 87 other Australia Law Specialists are ready to help you
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