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This Fact Sheet discusses ‘wage theft’ in Victoria and is designed to help you as an employee identify your rights and to take the most appropriate action under the Wage Theft Act 2020 (Vic), which came into effect 1 July 2021.
Wage theft offences involve dishonest conduct by employers. Dishonesty means anything that a reasonable person would consider dishonest in the particular circumstances. You may be a victim of the crime of wage theft if your employer has:
These crimes are punishable by a fine of more than $200,000 or up to 10 years’ jail for individuals, and a fine of more than $1,000,000 for companies.
Honest mistakes or actions taken with due care and diligence are not considered wage theft. However, any failure to comply with a notice issued by the Fair Work Ombudsman to pay an employee their entitlements will be evidence against any purported honest mistake or due diligence.
For more information about wage theft, your rights and obligations and employer obligations, download the Fact Sheet.
Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.
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