What Are Unpaid Wages?
Unpaid wages refer to any amount of money that you are legally entitled to for your work, that your employer has failed to pay. This may include components such as unpaid overtime, unpaid weekend or public holiday rates, unpaid annual leave, or unpaid superannuation.
Many occupations are covered by a Modern Industry Award. Refer to your applicable Award to check the minimum rates and entitlements that you are entitled to.
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What Evidence Should I Keep?
It is important to keep records of all time worked, such as in the form of timesheets or rosters, as well as all payslips and other forms of evidence outlining the wages you have received from your employer. Any emails, text messages, or other forms of written communication between you and your employer regarding your wages should also be kept.
Remember, the more comprehensive your evidence is, the stronger your claim becomes.
What Is the Most Efficient Way?
Ideally, it is always best to resolve a dispute with your employer privately. This will generally be the most cost and time-efficient way. In order to resolve an unpaid wages dispute with your employer, you should first expressly bring up the issue by way of written communication (such as an email). Calculate the amount of unpaid wages owed to you in accordance with your applicable Award and the evidence that you have maintained, and present it in an easily comprehendible manner.
If your employer dismisses your concerns regarding your unpaid wages, prepare a Letter of Demand clearly outlining the elements of your claim, together with the relevant evidence and calculations in accordance with the law.
Many people are more than capable of doing this themselves. However if you want to ensure that your Letter of Demand is as complete and compelling as it can possibly be, speak to our team at Park & Co Lawyers.
What If My Employer Doesn’t Respond?
Although many cases will be resolved privately between the employee and the employer, there are some instances where the employer ignores or dismisses an employee’s Letter of Demand. Should this be the case for you, there are two main options for you to consider: a formal complaint to the Fair Work Ombudsman, or commencing legal proceedings in the Federal Circuit and Family Court of Australia.
In some jurisdictions, such as Queensland, wage theft is now recognised as a reportable criminal offence.
If you require legal advice and assistance in making your claim for unpaid wages, please do not hesitate to contact our team at Park & Co Lawyers.
