Underpayment Claim
You work hard for your money. You deserve to be paid every dollar you're owed
Think you might have an underpayment claim? You’re not alone. Wage theft is a widespread issue affecting countless Australians every year. Many people don’t even realise they’re being shortchanged, quietly losing out on hard-earned wages that rightfully belong to them. Employers, unfortunately, don’t always play by the rules. They may use complex pay structures, obscure loopholes, or simply take advantage of employees who are unaware of their full entitlements.
What Can You Claim in an Underpayment Case?
Don't Settle for Less: Understand Your Entitlements
Being underpaid can significantly impact your financial wellbeing and quality of life. It’s essential to understand your full entitlements and take action if your employer isn’t paying you correctly.
An underpayment claim can cover a wide range of workplace rights, from basic wages to complex leave entitlements. Whether you’re a casual worker, part-time employee, or full-time professional, you have the right to be compensated fairly for your work.
If you’re unsure whether you’re receiving your full entitlements, don’t hesitate to seek legal advice. Sibley Lawyers can assess your situation and help you understand your rights. We’ll fight to ensure you receive every dollar you’re owed.
Here’s a breakdown of the common areas where underpayment can occur:
This includes your base rate of pay, which must meet at least the minimum wage set by law. It also includes any overtime payments, which should be calculated at a higher rate than your regular hours.
If you work weekends, public holidays, or outside of standard business hours, you may be entitled to penalty rates. These are additional payments on top of your regular wage to compensate for the inconvenience or disruption to your personal life.
Depending on your industry and role, you might be entitled to allowances for specific work-related expenses. These could include travel allowances, tool allowances, uniform allowances, or other expenses you incur as part of your job.
Your employer is legally obligated to make regular contributions to your superannuation fund. This is a crucial part of your retirement savings, and any unpaid superannuation can significantly impact your financial future.
You have the right to accrue and take various types of leave, including annual leave, sick leave, and long service leave. Your employer cannot deny you these entitlements or fail to pay you correctly while you’re on leave.
Your Advocates and Allies in Employment Law
Sibley Lawyers is a boutique law firm with a reputation for excellence in advocacy and client care. We’re not a faceless corporation; we’re a team of dedicated professionals who are passionate about fighting for justice and achieving the best possible outcomes for our clients. We believe in building strong relationships based on trust, transparency, and open communication. When you choose Sibley Lawyers, you’re not just hiring a lawyer; you’re gaining a partner who will stand by your side throughout your legal journey.
Our team comprises experienced lawyers and former barristers with a proven track record in handling complex legal matters. We specialise in criminal law and employment law, providing expert representation and strategic advice to individuals and businesses.
Worried About Repercussions from Your Employer?
We understand that taking legal action against your employer can be intimidating. You might be concerned about potential backlash, job security, or damage to your professional reputation. There is recourse if your employer dismisses you, demotes you, or treats you unfairly for making an underpayment claim. Here’s how we can help protect you:
Confidentiality
All discussions and communications with us are strictly confidential. We will not disclose any information about your case without your consent.
Legal Expertise
We have in-depth knowledge of employment law and your rights as an employee. We'll advise you on the best course of action to minimise any potential risks.
Strategic Approach
We'll carefully plan and execute a legal strategy that protects your interests and minimises any negative impact on your employment.
Strong Advocacy
We'll act as a buffer between you and your employer, handling all communications and negotiations on your behalf.
Support and Guidance
We'll provide ongoing support and guidance throughout the process, ensuring you feel informed and empowered.
Decoding Your Rights
Understanding Awards in Australia
In Australia, a system of “awards” governs workplaces across various industries. These legal documents act as a safety net for employees, ensuring fair treatment and preventing exploitation.
Think of an award as a comprehensive guide outlining the minimum entitlements you should receive as an employee, including your base pay rate, overtime rates, penalty rates for working weekends and public holidays, allowances for work-related expenses, and various leave entitlements.
Awards play a crucial role in promoting fairness and transparency in the workplace. They establish a level playing field for employers and employees, preventing employers from undercutting wages or denying workers their rightful entitlements. By setting clear standards for pay and conditions, awards help to foster a more equitable and balanced work environment.
Your First Consultation is Just a Click Away
If you suspect you're being underpaid or denied your rightful entitlements, contact Sibley Lawyers today for a confidential consultation
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Targeted Services for Your Underpayment Claim
We understand the complexities of navigating employment law and seeking rightful compensation. We offer a comprehensive range of services specifically designed to assist you with your underpayment claim, ensuring you receive every dollar you’re owed.
Award Interpretation & Analysis
Deciphering the complexities of your industry award can be challenging. Our legal experts will provide a clear and concise breakdown of your award, explaining the specific clauses relevant to your role, such as classification levels, overtime provisions, and special allowances.
Payslip Review & Audit
Concerned you’re not receiving your full entitlements? We’ll meticulously examine your payslips, comparing each line item to your award and employment contract. We’ll uncover hidden discrepancies, such as unpaid hours, incorrect penalty rates, or missing allowances.
Entitlement Calculation
Determining exactly how much you’re owed can be complicated. We’ll accurately calculate your total unpaid wages, including back pay, overtime, penalty rates, and allowances.
Superannuation Claim Assistance
Superannuation is a crucial part of your financial future. If your employer has failed to make the required superannuation contributions, we’ll assist you in recovering those unpaid amounts.
Leave Entitlement Review
Have you been denied leave or underpaid while on leave? We’ll review your leave entitlements, including annual leave, sick leave, and long service leave.
Contract Review
Your employment contract should align with your award entitlements. We’ll carefully examine your contract to identify any clauses that may be undercutting your rights or reducing your pay below the legal minimum.
Negotiation with Employers
We’ll act as your strong advocate in negotiations with your employer. Our skilled negotiators will engage in robust discussions to reach a fair settlement for your underpayment claim.
Representation in Legal Proceedings
If necessary, we’ll represent you in court or at Fair Work Commission hearings to pursue your claim through legal channels. Our trusted litigators will prepare a compelling case and fight tirelessly to protect your rights and secure a favourable outcome.
Record-Keeping & Documentation Assistance
Building a strong underpayment claim requires thorough documentation. We’ll guide you on essential record-keeping practices and assist you in gathering the necessary evidence, including payslips, timesheets, and employment contracts.
How We Handle Your Underpayment Claim
Securing Your Unpaid Wages
We follow a systematic and client-focused approach to ensure the most favourable outcome for your underpayment claim. We know that navigating legal processes can be daunting, so we’re committed to providing clear communication and guidance every step of the way.
Here’s how our process works:
Initial Consultation
We’ll gather information about your employment, pay history, and any potential underpayments.
Case Assessment
Strategy Development
Evidence Gathering
We’ll assist you in gathering the necessary evidence to support your claim, including payslips, timesheets, and witness statements.
Negotiation & Settlement
We’ll engage in skilled negotiations with your employer to reach a fair settlement that includes all your unpaid wages and entitlements.
Legal Representation
Case Resolution & Enforcement
We’ll work to ensure that any settlement or court order is fully enforced, so you receive the compensation you deserve.
Throughout the entire process, we'll keep you informed and involved, explaining your options and providing clear legal advice. Our goal is to empower you to make informed decisions and achieve a successful resolution to your underpayment claim.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
FEATURED
Gail Patterson
Professional and thorough
Nurture In Harmony
I highly recommend Sibley Lawyers for anyone dealing with workplace issues, including personal injuries. After my union lawyers refused to support me in a workplace dispute, Justin Sibley and Jack McDonald stepped in and made all the difference. They were incredibly knowledgeable, responsive, and truly committed to my case. Despite the lack of support from my union, to which I had paid fees for 13 years, Justin and Jack worked tirelessly to ensure I was treated fairly and helped me achieve a positive outcome. Their expertise in employment law and genuine dedication gave me the confidence to move forward. If you’re looking for lawyers who will fight for you when others won’t, Sibley Lawyers is the firm to trust!
Lyniece Rostant
Dena Miller
I couldn’t be happier with Sibley Lawyers if I tried. The team is fantastic and passionate about what they do. A particular shout out to their Senior Paralegal, Kate Rasmussen! She has worked tirelessly on several matters for me and achieved positive outcomes. She is always professional, friendly, dedicated and passionate when it comes to her clients. Your determination to obtain justice for me is greatly appreciated Kate 🙏
Madonna Arca
On behalf of my brother Peter:
I was represented by Sibley Lawyers in a Personnel Injury Claim and Jack McDonald worked extremely hard and was very devoted in achieving a great result. He has been extremely professional and very thorough with his ongoing research into my claim. I would high recommend Sibley Lawyers and in particular Jack McDonald.
Hayley Reid
I have needed the services of Sibley Lawyers for a couple of years now. They are extremely thorough, knowledgeable and above all approachable and trustworthy. They have been dealing with my protracted issue that has been handled very professionally and successfully at every turn. When this is all concluded I hope to never need their services again but if I, or anyone I know does, Sibley will be the first call. Thanks team.
Amy Reeve
I have been a Sibley Client since 2021. Justin and his team are very knowledgeable in their legal profession and have provided me the advice and support needed. I had some oustanding pay queires that needed to be resovled with my employer, the Sibley team acted on this very swiftly resulting in a postive outcome for me. I highly reccommend their service.
Brett Rawlings
I’ve been a client with Sibley Lawyers Employment Law Services over the past couple years. They have saved my job and helped me out with certain enquiries and never once have they not cared about their clients. I highly recommend and it is a must. Join up today
Cass Jefferson
Justin Sibley and his team are the consummate professionals in law.
I have used his services as a retained client as a Qld Government employee, as well as being a personal client. Justin always impresses me. When push comes to shove, you need someone like Justin in your corner. Not only does he understand the law and all of its complex mechanics, but he has the ability to win with his attention to detail, unwaivering knowledge and courtroom charisma. As mentioned I Highly Recommend Sibley Lawyers to anyone needing legal representation, they’re a tremendous firm.
Luke Doherty
Sibley law and especially Nick Ware are amazing and I could not recommend a better criminal defence lawyer.
He’s professional, personable and very thorough. Always put my worries and mind at ease with his professional advice and very contactable, not fobbed off to a secretary.
The outcome of what I wanted, happened and I was also upfront and honest from the start with no judgement whatsoever from Nick.
I went into the experience alone and can really say I have come out with a great result and someone I’ll call a mate.
OTher services
Fed up with working long hours only to see your paycheck fall short of what you're owed?
Don’t let wage theft go unchallenged. If you believe you’re being underpaid, contact Sibley Lawyers today for a free, no-obligation consultation. Our experienced team is ready to listen to your concerns, assess your situation, and advise you on the best course of action.
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