What Are the Legal Consequences of Wage Theft in Australia

What are the legal consequences of wage theft in Australia for the people involved, rather than for the entity?

An individual can commit the criminal offence directly. So can a company. And others involved in the conduct, such as a person aiding an employer, can be prosecuted as well.

On the civil side, accessorial liability has long reached people who were knowingly concerned in a contravention. Payroll managers, HR advisers, directors and external advisers have all been within range of that concept.

Back-payment sits underneath all of it and is owed regardless of intent, so it is never the part that goes away.

Anyone who thinks they may be exposed should get their own legal advice rather than relying on the organisation’s, because the interests are not necessarily the same.

The Fair Work Ombudsman publishes the enforcement position. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s wage theft webinar and compliance training courses.