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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.

Contact us for a free consultation

Our Underpayment Legal Services

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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.

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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

Deborah Lawrie
Deborah Lawrie
Brooke Ferris at Prosper Law has helped me navigate copy write issues and a Life Rights agreement. Brooke is thorough, fast, efficient and knowledgable and has a no fuss down to earth approach. I am very grateful for her help.
Prosper Law were so easy and quick to communicate with. Employment Lawyer, Krystal, was incredibly helpful. We were on a tight schedule and she made it happen quickly and efficiently, meanwhile answering any and all our questions we had regarding the contract. Highly recommend!!
Miguel Diaz
Miguel Diaz
Parkinson’s Queensland engaged Prosper Law to assist with a contract review. Their contract lawyer was fast, approachable and provided excellent customer service. Highly recommend Prosper Law if you are looking for a well-rounded contract lawyer or need help with contract reviews.
Elizabeth Roughan
Elizabeth Roughan
First timer to this online service but loved it. Quick, efficient and online so no dressing up to go into the city! Have already referred a business partner. Will continue to get advise on contracts from them moving forward.
Merzi Mody
Merzi Mody
Unfortunately (despite all the positive reviews) our experience with Prosper was extremely disappointing and I have fed this back to the firm. We had one of our lead-in consults with an Associate Lawyer at Prosper on Tue 21.11.23 (15mins) and in LESS THAN 2 days we accepted Prosper's contract/terms, only to be told "we do not have the capacity to take on this matter". We were instead told, "you can use the “Find A Solicitor” function on the Queensland Law Society website to find a lawyer”. During this period there had been no change to the content/scenario regarding the matter whatsoever. It made the whole interaction with Prosper frustrating and unrewarding for us personally.
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

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If you would like to contact an online lawyer, you can complete the contact form, email or phone Prosper Law. If you know you need to speak to an online lawyer, but you’re not sure exactly what your legal problem is – we can help you. Get in touch today and discover why Australian businesses choose Prosper Law’s team of lawyers.

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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.

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