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Section : Other consequences of not meeting record-keeping or pay slip requirements
Domain : Human Resource Management
Classification : Not Identified
Text Content
In addition to penalties for not keeping records, the FW Act includes a presumption in favour of a person who makes wage-related allegations in a court proceeding, where the employer has:
- failed to meet their record-keeping and pay slip obligations, or
- failed to make records available for inspection. If the person bringing the claim shows the employer didn't comply with the record-keeping and/or pay slip requirement, the employer will be required to disprove the person's wage-related allegation in court. This onus of disproving the allegation will not apply if the employer can show they had a reasonable excuse for not meeting the record-keeping, pay slip or record inspection obligation.