At EAS Legal, we recently assisted a client who had unknowingly been underpaid for several years while working as a painter, ultimately securing a $90,000 settlement together with the majority of their legal costs—without the need to commence court proceedings.
Our client had entered the workforce as a teenager and, understandably, had little knowledge of the minimum wages, allowances and employment conditions they were entitled to receive under the applicable Award.
It was only after leaving the employment that concerns were raised about the client’s annual leave entitlement appearing on their final payslip. Further investigation revealed what appeared to be a much broader pattern of Award and employment entitlement breaches.
The client approached EAS Legal wanting to recover what they were owed while, if possible, avoiding the time, cost and uncertainty of litigation.
Our Approach
One of the major challenges was determining exactly how much our client had been underpaid.
The employment relationship had extended over a considerable period and neither party possessed complete records covering every aspect of the client’s work.
Our Employment Law team therefore undertook what was effectively a forensic accounting exercise, piecing together the client’s employment history using as much available documentation and supporting information as possible.
This involved carefully examining the available records to reconstruct the client’s proper entitlements and, where complete records were unavailable, developing reasonable calculations based on established working patterns.
For example, we considered the client’s usual frequency of work-related travel and used those patterns to calculate and extrapolate potential entitlements across the relevant employment period.
This detailed work allowed us to develop a well-supported assessment of the client’s claim and provided a strong foundation for negotiations.
The Outcome
Following negotiations, the matter was successfully resolved without litigation:
Our client was understandably extremely pleased with the result, particularly given that the matter was resolved commercially without the additional expense, delay and stress associated with formal litigation.
Why This Result Matters
Employees do not always know they are being underpaid.
This is particularly true for young workers entering an industry for the first time, who may understandably assume that their employer is correctly calculating their wages, allowances, leave and other Award entitlements.
It also demonstrates why incomplete records do not necessarily mean an employee should abandon a potential underpayment claim.
Through careful analysis of the available evidence, reconstruction of employment records and appropriate calculations based on established work patterns, it may still be possible to build a compelling claim and achieve a substantial recovery.
At EAS Legal, our approach to employment disputes is not simply to identify that something has gone wrong. We take the time to quantify the loss, build the evidence and develop a commercial strategy designed to achieve the strongest possible outcome for our client.
Think You’ve Been Underpaid at Work?
If you believe you may have been underpaid wages, allowances, overtime, leave or other employment entitlements, obtaining advice early can help you understand what you may be entitled to recover.
EAS Legal assists employees and businesses with complex workplace and employment disputes, with a focus on achieving practical outcomes without unnecessary litigation wherever possible.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Employment Lawyers. Practical Advice. Proven Results
