As an employee, you have certain rights in the workplace. One of those rights is to be paid correctly and receive the correct entitlements from your employer.
If you believe you have been underpaid in wages or you have not been provided with the correct entitlements, you have a right under the Fair Work Act 2009 (Cth) to recover any money which may be owing to you by your employer or former employer.
Rochforts provide fair work help for employees to assist and guide them along every step of the process for recovering unpaid wages.
The first step is to contact us and we can help in determining how much money you are owed.
We can then write to your employer notifying them that you are owed unpaid wages and demand payment of the unpaid wages within a stipulated timeframe.
If your employer does not reply or refuses to pay your unpaid wages, we can make a claim for unpaid wages on your behalf by filing a Workplace Complaint Form with the Fair Work Ombudsman.
The Fair Work Ombudsman is an independent agency responsible for investigating workplace complaints and enforcing compliance with national workplace laws.
Often, the third step involves the Fair Work Ombudsman referring the matter for mediation.
The mediation is an informal process, which is conducted by a mediator from the Fair Work Ombudsman's office over the telephone. The purpose of the mediation is to give you and the employer the opportunity to resolve the matter, without the need to proceed to a formal court hearing. We can talk on your behalf during the mediation.
Agreements reached during mediation often include:
If the matter cannot be resolved at mediation, we can assist you in filing a claim for underpayment of wages in the small claims court.
In order to determine whether you are paid correctly, check the minimum wages section of the modern award that applies to the work that you perform. A list of all the modern awards can be found here.
Deduct the money that your employer paid you from the entitlements due under the modern award. If there is a shortfall, you are owed money.
If you are unsure about which modern award or which pay classification within the award applies to you, call us and one of our fair work advisors will help you in identifying the correct award and pay rates.