Unpaid Wages

Connect Legal and Mr. Boghossian have over 10 years of experience in helping Employees in recovering their unpaid wages entitlements.

Mr. Boghossian has undertaken over a multitude of  unpaid wages claims and is very experienced in interpreting awards and determining under payments.


Mr. Boghossian regularly appears at the NSW Chief Industrial Magaistrates Court and is very experienced in assisting Employees in lodging, conciliating and arbitrating their unpaid wages claims.


What unpaid entitlements can I recover ?

Employees can initiate an unpaid wages claim to recover the following

    1. Unpaid Wages
    2. Overtime.
    3. Allowances
    4. Notice
    5. Redundancy
    6. Annual Leave
    7. Long Service Leave
    8. Other award entitlements.

The time limit for making a claim

The time limit for taking legal action is six years from when the money should have been paid.


How can I claim for my unpaid entitlements?

Employees  covered by an award, enterprise agreement or AWA can make a claim in the NSW Chief Industrial Magistrates Court (CIM) , and or the Federal Magistrates Court (FMC).

The CIM  is a specialised court dealing with unpaid entitlements in Downing Centre, Sydney and employees can either initiate a small claim (below $20,000) and or a general claim (above $20,000).


WHAT HAPPENS AFTER I LODGE MY CLAIM?

After you lodge your application, the Employer is require to file a defence and explain why you have not been underpaid.  On receipt  of the defence  , the parties are then required to file  comprehensive affidavits and underpayment calculations and the matter is then referred to conciliation.  


WHAT IS CONCILIATION?

Conciliation is an informal meeting between you, your former employer and the NSW Chief Industrial Magistrate (Magistrate Hart). The Magistrate will assist the parties in resolving the claim and may make various observations to assist with the process. Generally matters are usually resolved at this stage and if you are unable  t the matter is referred to formal arbitration.

 

ARBITRATION.

Arbitration is a very formal process where the Magistrate after reviewing the evidence  / calculations of the Employer and yourself will make a legally binding decision.  This process if very technical and complex and Connect Legal can help you throughout the whole process.

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