Who to notify to resolve an incident
If you have been in an incident (unfair dismissal, paid incorrect wages, incorrect leave entitlements, working in unfair work conditions), there are four steps you should follow to notify and resolve an incident:
Step 1 - Self-resolution
Step 2 - Complete a wages and conditions claim form (if Department of Justice and Attorney-General is the chosen option)
Step 3 - The investigation process
Step 4 - Formal investigation
Step 1 - Self-resolution
If an employee has evidence of an underpayment and/or non-payment of wages, entitlements or conditions, under State or Federal industrial law, they are entitled to:
- file a notice of dispute with the Queensland Industrial Relations Commission (QIRC) (existing employees only), or
- commence an application on their own behalf, e.g. QIRC or Industrial Magistrates Court, or
- commence a self recovery action through the Minor Debts Court, or
- authorise a person to legally represent them e.g. solicitor, or
- contact their union (if they belong to one), or
- lodge a claim at a Queensland Department of Justice and Attorney-General office, or
- telephone Wageline for information to assist them when raising issues with their employer and/or request a claim form.
The Department of Justice and Attorney-General (JAG) has developed a Self Recovery Kit (PDF, 182 KB) including Form 3 for Minor Debt Claims (PDF, 13 KB) for employees to recover unpaid wages and entitlements through the Minor Debts Court for claims less than $7,500.
Employees may wish to take advantage of this kit as a quicker and more convenient alternative to recovering unpaid wages than lodging a wage and conditions claim with the Department of Justice and Attorney-General.
For more details on Civil Court procedures or general instructions for completing, refer to the practice and procedure section of the Queensland Courts.
Employees who are in doubt about whether to use the minor debts procedure, after reading this kit, should contact their own legal advisor, their local courthouse or Department of Justice and Attorney-General on 1300 369 945.
If you need to determine your entitlements under an award or agreement or the Industrial Relations Act 1999 (PDF, 1.9 MB), or prefer to lodge a wage and conditions claim with JAG, contact Wageline information service on 1300 369 945.
Step 2 - Complete a wages and conditions claim form (if JAG is the chosen option)
Before an inspector will investigate a claim an employee will need to provide some basic information about their employment by completing a wage and conditions claim form. The form can be obtained by contacting the Department’s Wageline information centre on 1300 369 945.
The wage and conditions claim form is to be completed and signed by an employee, previous or current, who believes there may be wages, conditions or other entitlements owed to them as a result of their employment with an employer.
If you are a member of a union and the union is looking into this matter on your behalf or if you are taking any other action, legal or otherwise, to recover the amounts you claim to be outstanding, please be aware that the inspectors will not investigate a matter whilst it is already being investigated by another body.
If the union or other body (e.g. solicitor) has ended its investigation but could not assist you, continue to complete this form and attach a separate sheet of paper stating the reason given by the union or other body.
Details required before an investigation will commence include, for example:
- your employee details, including name, date of birth, address and contact details
- your employer's details, including business name, address, contact details etc
- details about your job e.g. employment history, position held, employment status (e.g. full time, part time, casual etc), and any relevant qualifications
- pay details
- termination details (if applicable)
- specific details about your claim, for example:
- wages - underpayment and/or non-payment
- overtime - underpayment and/or non-payment
- annual leave - underpayment and/or non-payment
- other matters (e.g. long service leave, allowances, unauthorised deductions, sick leave, breaks, public holidays, notice of termination, redundancy payments)
- have you raised your issues with your employer and what was the response
Step 3 - The investigation process
Your wage and conditions claim form will be forwarded to you from the Department of Justice and Attorney-General. You are advised to return the form to the regional office nearest to where your job was/is located. A senior officer of this Department will review your allegations.
If considered appropriate, your employer or former employer will be contacted by telephone or letter and urged to resolve the matter without the necessity for a formal investigation.
Normally, the matter will remain in the resolution process for approximately 28 days. This period may be extended if positive discussions/negotiations occur. It will not be necessary for you to contact the Department during this period. However, you may be contacted as part of the process and in response to any issues raised by the employer.
Following this resolution process a more detailed investigation of unresolved matters may occur or you may be advised of other options.
Step 4 - Formal investigation
If the above methods are not successful or not appropriate to your claim, the matter may be referred to an inspector within the appropriate region for formal investigation, and you will be advised of the outcome in due course.
Last updated 21 July 2009
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