An employer may choose voluntarily to repay employee entitlements because of a wage theft investigation, however this is not guaranteed. The Wage Theft Act does not directly contemplate the recovery of employee entitlements unless there is a finding of guilt or conviction following a prosecution for certain wage theft offences.
If you want to recover entitlements, you can consider lodging a small claims action in the Magistrates’ Court of Victoria. You can use the Court’s small claims section to make a claim of up to $20,000 about entitlements under a contract of employment, Award or Enterprise Agreement.
Magistrates' Court of Victoria - small claims process
The Court can hear claims that relate to the:
- Fair Work Act 2009
- Long Service Leave Act
- Public Holidays Act
- Outworkers (Improved Protection) Act
- Occupational Health and Safety Act
- Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act .
The Fair Work Ombudsman has more information on making a small , including a step-by-step guide.
Reviewed 18 June 2021