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Recover pay and entitlements

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:

The Fair Work Ombudsman has more information on making a small claim, including a step-by-step guide.

Reviewed 18 June 2021

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