PAY DISPUTE

Pay queries received from an employee or from the Fair Work Commission
must be responded to promptly. 

 

Here are the first 5 steps to take:

1)  Ask the employee for full details of what entitlements they believe have  been missed (note: if the claim has come through Fair Work this may not be possible);

2)  Pull out the employee’s records including timesheets, payroll records and any contracts/agreements in any form (formal contract, emails, conversation file notes);

3)  Write down any additional benefits that the employee received (e.g. motor vehicle, fuel card, additional Super, extra leave, accommodation etc) that could be given a monetary value;

4)  Compare what you give the employee to what they are entitled to under legislation (this can be the most complex part, particularly identifying the right Award so we recommend contacting us at this point);

5)  Respond to the employee/Fair Work;

 

Points to Note:

  • If it is a Fair Work issued notice you only have 5 working days to respond so please act quickly!
  • All employees have protected rights within the workplace therefore it is important to ensure you respond appropriately without treating them differently or worse.
  • Employees are entitled to back-pay for up to 6 years if they have been underpaid.
  • The risk is $54000 per breach which means that if you have underpaid more than one employee, technically the risk is the potential penalty times by the number of employees that it applies to.  

So step number 6 is to check the rest of your employees!

Focus HR is able to assist you through the process to:
a)  Identify the correct Award application;
b)  Calculate entitlements compared to actuals;
c)  Liaise with Fair Work or the employee as appropriate;
d)  Draft the appropriate written response;
e)  Review other employees to protect against future claims.

 

 

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