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JobWatch was featured on ABC News online on 16 May 2022, commenting on issues with the small claims process and the enforcement of court orders.
May 16, 2022
Ms Limbachiya’s experience shows how the legal system makes it hard for vulnerable workers to get back “small claims” — unpaid wages and entitlements up to $20,000.
“At the moment there must be so many court orders that have been made in this space, small claims applications relating to unpaid employment entitlements, that have just been Pyrrhic victories,” her lawyer Gabrielle Marchetti said.
A “Pyrrhic victory” is an empty victory, where the winner loses more in total than what they gain.
The court ordered compensation of a combined $50,000 for unpaid wages, superannuation and other entitlements.
“But, again, at the end of the day, none of them has actually received the money that they’re owed,” Ms Marchetti said.
“If a dishonest or shameless respondent ignores the court order and simply doesn’t pay, the enforcement process is really complicated.”