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ARTICLE · 29 DECEMBER 2022

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Wage theft laws, offences and penalties in Australia

Wage theft is the practice by an employer to deliberately and dishonestly underpay or not pay employee wage entitlements.

AustraliaCriminal Law

KEY TAKEAWAYS

Wage theft is the practice by an employer to deliberately and dishonestly underpay or not pay its employee or staff wage entitlements, including superannuation payments. In Victoria, wage theft has a prescribed maximum penalty of 10 years imprisonment or up to a fine of over $200,000 for an individual. NSW does not yet have legislation that criminalises this specific practice.

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A Victorian business and its owner will be the first to face criminal wage theft charges, in any Australian jurisdiction.

Rehmat and Mehar Pty Ltd trading as 'The Macedon Lounge', a restaurant in Victoria's Macedon Ranges, has been charged after allegedly withholding more than $7,000 in employee entitlements from four staff.

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