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Fair Work Ombudsman - Trials new onus of proof laws

February 12, 2019

The Fair Work Ombudsman (FWO) has commenced the first legal action utilising new reverse onus of proof laws that require employers to disprove underpayment allegations in the Federal Court. The onus of proof now rests with an employer to retain and present accurate time and wages records. Fair Work inspectors have discovered the alleged underpayments during an audit of the two ‘Sushi 79’ stores last year. It is alleged that nine workers across the two outlets were underpaid a total of $19,467. The owners could face a $63,000 penalty, unless they can prove an employee’s employment records were adequately maintained, further information related to this case and your employee record keeping requirements may be accessed Court under new onus of proof laws. 

Please ensure you take the time to audit your own employment records, to avoid unnecessary litigation.

Check out the Fair Work website for more info.