Legal Tip 311: Underpaying Staff - Wage Theft

Discussion in 'Legal Issues' started by Terry_w, 9th Oct, 2020.

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  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Wage theft has been criminalised in QLD. An employer who underpays wages could be charged with theft for underpaying staff.

    Furthermore, directors or others associated with the company could be charged with being an accessory to the commission of the offence.

    s 391 Criminal Code 1899 (QLD)
    CRIMINAL CODE 1899 - SECT 391 stealing


    Of course, they would also be liable to compensate the staff member that they stole from.
     
    Terry_w, 9th Oct, 2020
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  2. jaybean

    jaybean Well-Known Member

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    Awesome.
     
    jaybean, 9th Oct, 2020
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Terry_w, 3rd Jun, 2022
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The Federal Circuit and Family Court of Australia has ruled that individuals, not just employers, can also now be named in small claims cases — applications to recover unpaid wages and entitlements up to $20,000.

    "Now, vulnerable workers can name the person who employed them as a third party in their small claim applications – and have a much higher success rate of recovering their entitlements," said Gabrielle Marchetti, principal lawyer at employment rights centre JobWatch.
     
    Terry_w, 3rd Jun, 2022
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    Mike A and Paul@PAS like this.
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Directors Penalty Notices are being issued at a rate of 40+ a day for unpaid super. The ATO now have fairly live data and do match up non-compliance.
    I reckon the process should change. Make the admin penalty $100 per employee and then allow debt collectors to chase as much as they like and they get the $$60 extra...Some employers it a LOT of employees. And if its not reported and paid in 30-40 days a DPN is issued.
     
    Paul@PAS, 3rd Jun, 2022
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Terry_w, 10th Apr, 2024
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