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Underpayment Of Wages & Entitlements

Prosper Law has helped employees who have been underpaid wages and entitlements. We also assist employers to understand their legal obligations regarding payroll and entitlements.

Underpayment of wages and entitlements can take many different forms, including unpaid overtime, unpaid penalty rates, unpaid superannuation, and incorrect classification of employment. We understand the stress that comes with underpayment of an individual’s wages and entitlements.

Prosper Law is here to provide both employers and employees with legal support and advice to manage claims for underpayment.

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Our Underpayment Legal Services


Advice to Employers

Our employment lawyers provide advice to employers regarding pay rates and entitlements. The best way to manage underpayment claims is to prevent them.

By understanding Modern Awards and Fair Work requirements, employers can reduce the risk of underpayment claims. We can also provide advice on independent contractors and casual arrangements.


Legal Advice for Employees

Issues regarding underpayment of wages and entitlement can have a significant impact on your financial wellbeing. And they are likely to be a breach of your legal rights as an employee.

If you are experiencing underpayment of wages or entitlements in Australia, contact Prosper Law to learn more about our underpayment of wages and entitlements legal services.


Recovery of Underpaid Wages

We are here to help you fight for your rights and ensure employees are being paid correctly. We also provide legal representation for employers looking to defend an underpayment claim.

We will help you to understand your legal rights and options and provide you with high quality representation and advocacy. Our aim is to ensure that we achieve the best possible outcome in your case.


Legal Representation

If an underpayment claim cannot settle and the parties disagree, an employee may start legal proceedings. If this happens, we recommend hiring one of our employment lawyers.

There are penalties that may be ordered where an employer is found to have underpaid wages. Court can be an intimidating process. Our advocates can provide expert legal representation.

Why Choose Our Legal Team?

Fixed legal fees for business sale contracts

Our employment legal services are offered on a fixed fee basis. Our clients know how much they will pay for our services upfront. We pride ourselves in giving our clients a positive experience and doing away with unknown legal bills.

We are a top-rated workplace law firm

There are lots of options when it comes to choosing legal experts. At Prosper Law, our workplace lawyers have built a large portfolio of clients, receive excellent reviews and have repeat clients.

Take a look at our reviews and find out why clients across Australia choose us.

We work with some of Australia’s largest companies

Our law firm packs a punch when it comes to the calibre of clients we work with. Our clients include international retailers and distributors and big brands.

Australian companies seek legal advice from Prosper Law because of our experience in resolving employment disputes.

What our clients say

Holly Teague
Holly Teague
Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
Larissa Rogers
Larissa Rogers
I came across Prosper Law while searching for an Employment Lawyer for a recent dispute. I had the pleasure of working with both Krystal and Farrah and I am extremely grateful for their attention to detail and guidance throughout my matter.
Yatin Kulkarni
Yatin Kulkarni
Absolutely fantastic work by Carlyn Sicat and Farrah Motley by turning around the review of my Contract within 24 hours. Crystal clear recommendations and therefore didn't need any follow up. Highly recommended recommend them if you need an employment lawyer!
Connor Summers
Connor Summers
Our business needed urgent legal advice for several employment law matters. Prosper Law’s employment contract lawyers were quick to respond, offered a fixed fee price for their legal services and were able to achieve a great result for our business. For any employers looking for a quality employment law firm, we highly recommend the team at Prosper Law.
Jane Gentle
Jane Gentle
If you are looking to hire a legal counsel on retainer, I highly recommend the Prosper Law legal team. Having engaged with Prosper at work over the past 5 months, I have found them to be great in-house lawyers and who know their stuff when it comes to contract reviews, employment law advice and marketing and consumer law… and they’re reasonably priced
Liam Devonshire
Liam Devonshire
I needed a business sale lawyer to help me sell my business on short notice. They drafted a business sale agreement for me. Courtney was quick to reply, explained the process to me and was great to deal with. If anyone is after a good M&A lawyer, definitely reach out to Prosper Law.
I needed the advice of a contract lawyer based in Sydney quickly for a difficult client contract. Farrah responded to my query very quickly and efficiently and helped me resolve the liability issue with the client in a very short time. I highly recommend her efficient and thorough service.
Chris Pearson
Chris Pearson
I contacted Prosper Law because I needed a contract lawyer in Brisbane for an issue with a building contract. Farrah and Micaela are experienced contract lawyers and were polite, professional, and provided my advice quickly. They provided me with a fixed fee quote with no hidden costs for the legal work and spoke to the QBCC on my behalf. Thank you to the Prosper Law team for giving me detailed advice that was good value and very helpful!!! Highly recommended and will be using them in the future for all my legal needs.
Highly recommended. They offered me reliable and useful legal advice free of charge. Thank you once again, Michael, for your service.
Vijesh cj
Vijesh cj
I approached Farrah with a query regarding my employment contract. She was patient in her dealings and took the time to read the contract fully and understand my side of the story before giving her legal advice. I am happy with my overall experience of working with Farrah.

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Underpayment Claim FAQs

What is an underpayment claim?

In Australia, an underpayment claim refers to a legal action taken by an employee to recover unpaid wages or entitlements from their employer. It typically occurs when an employer fails to pay an employee their rightful wages, including minimum wage, overtime, penalty rates, allowances, and other entitlements, as required by Australian employment laws and relevant industrial awards or enterprise agreements.

Underpayment claims can arise for various reasons, such as:

  1. Failure to pay the minimum wage: Employers are obligated to pay their employees at least the minimum wage as determined by national or state industrial relations authorities.
  2. Unpaid overtime: If employees work additional hours beyond their regular working hours, they may be entitled to overtime pay.
  3. Missed penalty rates: Penalty rates are higher pay rates for working outside standard hours or on public holidays. Employees are entitled to these rates as specified in their employment agreements or relevant awards.
  4. Unpaid allowances: Some employees receive additional allowances for various purposes, such as travel or meal expenses. If these allowances are agreed upon in employment contracts, they should be paid.
  5. Leave entitlements: Employees have rights to various types of leave, including annual leave, sick leave, and parental leave. Employers must provide these leave benefits and pay employees accordingly.
  6. Superannuation contributions: Employers are required to make superannuation contributions on behalf of their employees. Failure to do so can lead to underpayment claims.
How can I recover underpaid wages?

In Australia, employees can take several steps to recover unpaid wages or entitlements from their employer. The process typically begins with contacting the employer directly to discuss the issue. It’s possible that the unpaid wages are the result of a simple oversight, and many employers are willing to rectify the situation once it is brought to their attention. Keeping a record of any communication related to the matter is advisable at this stage.

Reviewing your employment contract, enterprise agreement, or industrial award is the next step. This will help confirm your entitlements and the terms of your employment, making it clear whether your employer is in violation of any agreements.

For those who are members of a union, reaching out to the union representative can be a valuable source of assistance. Unions often provide guidance and support in negotiating with the employer and pursuing a resolution.

If initial efforts do not yield results, lodging a complaint with the Fair Work Ombudsman is a recommended course of action. The Fair Work Ombudsman is a government agency responsible for ensuring compliance with workplace laws in Australia. They may investigate your claim and provide guidance. Their website (www.fairwork.gov.au) offers valuable information and resources.

In some cases, the Fair Work Ombudsman may offer alternative dispute resolution services, such as mediation, to help you and your employer reach a resolution without resorting to legal action.

If all other avenues fail to resolve the issue, you may need to consider legal action. This typically involves filing a claim in a court or tribunal, such as the Fair Work Commission for certain employment-related disputes. The specific process and jurisdiction may depend on the nature of your claim, so seeking legal advice from an employment attorney is important.

Throughout the process, maintaining thorough records of any communication, payslips, timesheets, or other evidence that supports your claim is essential. These documents can be crucial if legal action becomes necessary.

Recovering unpaid wages in Australia can be a complex and time-consuming process, but it’s crucial to ensure that you receive the compensation you are entitled to under Australian labor laws. Seeking legal advice and potentially involving the Fair Work Ombudsman can help navigate the process effectively and protect your rights as an employee.