Many of these workers are people who are on working holiday, temporary work and student visas, who have a limited understanding of their rights under Australian workplace laws. RLC has met workers who have been paid the wrong termination pay, or not been paid their wages and entitlements during their employment. RLC has also met a number of workers who have worked for an employer for a period of time – sometimes several months – without being paid at all.
RLC has assisted people in these situations in a number of ways. We have provided people with advice about their wages and entitlements. Where an underpayment has been identified, we have helped people recover their unpaid wages and entitlements by writing to their employer; lodging a complaint with the Fair Work Ombudsman or filing a small claim in the Federal Circuit Court. Where it has been necessary to file a small claim, we have in most cases still been able to achieve a negotiated outcome.
RLC encourages anyone who believes they may have been underpaid to seek advice and assistance, either from RLC, their local community legal centre, their union, or by making a call to the Fair Work Ombudsman. With advice and assistance, there are a number of steps that workers can take to ensure that they are correctly and fairly paid for their work.