An employer may choose voluntarily to repay employee entitlements because of a Workforce Inspectorate Victoria investigation, however this is not guaranteed.
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.
The Court can hear claims that relate to the:
- Fair Work Act 2009 (Cth)
- Long Service Leave Act 2018
- Public Holidays Act 1993
- Outworkers (Improved Protection) Act 2003
- Occupational Health and Safety Act 2004
- Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015.
The Fair Work Ombudsman has more information on making a small claim, including a step-by-step guide.
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