We can assist employees who have been underpaid or not paid correctly by their employer.
What can I do if I’ve been underpaid?
If you’ve been underpaid, the first thing you should do is discuss it with your employer. Bring it to their attention and preferably put this in writing so there is a record of it.
If, after a discussion with your employer, the matter has not been resolved, we recommend you contact the Fair Work Ombudsman to enquire about any minimum payments which apply to your circumstances such as any modern award.
If the matter remains unresolved, we recommend sending a letter of demand to your employer for the unpaid wages or salary.
If the matter still remains unresolved, you can then commence legal proceedings.
What assistance can MKI Legal provide me?
We can assist in advising you of your legal entitlements, writing a letter of demand on your behalf, and commencing legal proceedings against your employer (should that be required).
If legal proceedings are required to be commenced, we find that a significant majority of them can be resolved at the mediation stage, without proceeding to a hearing. Our services are cost-effective and affordable.
What else am I entitled to if I’ve been underpaid?
If you’ve been underpaid, you may also be entitled to the imposition of a civil penalty against your employer.
This civil penalty is in addition to any repayment of your salary or wages. In most cases, the civil penalty will be paid directly to you. The maximum civil penalty imposed for each contravention is in the vicinity of $50,000 if your employer is a corporation.
Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties
Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination
Secretly recording disciplinary meetings with your manager is a valid cause for dismissal
Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift
Refusing a pregnant employee’s return to work – an adverse action prejudicial to employment for which employer meted civil penalty
Coughing in co-employee’s face is a valid reason for dismissal
Pre-school teacher’s resignation upheld as constructive dismissal & wins her old job back after going for unfair dismissal
Farm Manager Forced to Resign Wins Unfair Dismissal Claim
It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal
