Where an employee claims a breach of any of the following employer obligations:-

  • the National Employment Standards
  • a modern award
  • an enterprise agreement
  • a workplace determination
  • a national minimum wage order
  • an equal remuneration wage order
  • method and frequency of paying wages
  • the section that says an employer must not require employees to spend any of their money or pay back their wages if it unreasonable (‘cashback schemes’)

the onus is on the employer to disprove the allegations. 

Employers must therefore be aware of their record-keeping obligations and ensure that they keep the correct records and properly issue pay-slips for each employee and provide records to the court when requested if they are to avoid court-imposed penalties.

Not sure of your record-keeping obligations as an employer?  Contact Us