Queensland’s new wages theft laws have serious consequences for Queensland employers that fail to pay employee wages.
The Law
On 14 September 2020 the definition of stealing in the Queensland Criminal Code was amended to include intentionally failing to pay an employee, carrying a maximum penalty of 10 years imprisonment. Fraud by an employer carries a maximum penalty of 14 years.
A criminal complaint of wage theft can be made for offences occurring after 14 September 2020, by making wage theft report to Queensland Police that it is believed the employer intentionally “stole” wages.
Not all underpayments are intentional. For example an employer may have misunderstood which modern award applied, or has faced unexpectedly difficult business conditions.
Recovering an Underpayment
More usually an underpaid employee will bring a complaint for unpaid wages to the Fair Work Ombudsman or make a claim through the court system. A simplified process is sometimes available to claim through a state Magistrates Court or the Federal Magistrates Court.
Are you Dealing with an Underpayment Issue?
For advice about an underpayment you can contact the Fair Work Ombudsman, which is a free service. You are also welcome to contact WorkLegal for a discussion about we can assist.