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Not sure about your rights at work? - Ask Neale


question

I have just discovered that my employer has not paying me the correct wage under the award. What can I do about it?

SC


answer

Underpayment of wages is legally treated like any other debt and remedies are available through the Industrial Commission or the courts. To begin with it is best to raise the matter with your union or directly with the employer (if he or she is fairly approachable).

If you discover you have been underpaid by a former employer, you can also claim the money, but claims for underpayment which occurred more than six years before the date of application are too late.

The employer may claim that you agreed to the underpayment. This does not matter as the award or agreement is legally the correct rate.

(based on Donna McKenna. Your Rights at Work: the Labor Council's Easy Guide. Pluto Press in association with the Lloyd Ross Forum, 1993)



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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