Hi there. Employees have a right to be paid for the hours they work. If you think you are being underpaid, you should raise the issue directly with your employer, as this is likely to be the quickest way to resolve the matter. If you have already tried resolving the issue with your employer, you can lodge a ‘workplace dispute form’ with the Fair Work Ombudsman, who can assess your complaint and determine if an investigation is necessary. More details about resolving workplace disputes and how to lodge a complaint can be found on the Fair Work Ombudsman’s website (www.fairwork.gov.au).

More generally, employers have a legal duty to keep employment records, such as employee details, pay rates, hours worked, leave entitlements, etc. By law, these records must be kept accurately for 7 years, must not be false or misleading, and must not be altered other than to correct a mistake. An employer may be investigated by the Fair Work Inspector if their record keeping does not comply with the relevant laws. The Fair Work Ombudsman can investigate this issue if there is evidence to suggest your employer is not keeping proper records of employment.

Suggested way forward

You should first contact the Fair Work Ombudsman to see if they can help. Alternatively, you may want to consider speaking to an employment lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.