Prosecutions
When can prosecution action take place?
Unresolved wage matters
Other offences
Outcomes
When can prosecution action take place?
Action to prosecute may be taken where an inspector has obtained sufficient evidence to establish a case to answer and where there is a reasonable prospect of a successful outcome. Before instigating a prosecution action the matter will be reviewed by a senior officer to ensure there is sufficient evidence to support a case to answer. Prosecution actions include the following options:
- proceedings in the Industrial Magistrates Court seeking a conviction and fine against an employer for the offence of failing to pay correct wages or another offence under the Industrial Relations Act 1999 (PDF, 1.9 MB)
- an application to the Industrial Magistrates Court for an order for the recovery of wages; and
- an application to the Queensland Industrial Relations Commission for an order for the recovery of wages
Unresolved wage matters
Where a wage matter remains unresolved following the dispute resolution process and subsequent investigation, during which the parties have been given every opportunity to resolve the matter, prosecution action will be considered in the first instance to ensure compliance.
Other offences
Other circumstances where offence action may be taken include:
- where an inspector alleges that a person has repeated the same offence
- where an inspector alleges that a person has been advised of a requirement of the legislation but has failed to comply
- where an inspector alleges that failure to keep and have records available has jeopardised an employee’s ability to recover entitlements
- alleged offences relating to inspectors’ powers, obstruction, and false or misleading documents and information
Outcomes
Outcomes of successful prosecutions for offences may be published to draw attention to the consequence of industrial relations violations and the need for fairness in workplaces.
Read Queensland workplace prosecutions.
Last updated 21 July 2009
Other languages