Victorian Workers’ Wages Protection Act 2007 Continued - Page 4
Remedies
In certain circumstances and subject to certain requirements an application to a Court may be made for remedies pursuant to breaches of the Act. A court may order a penalty of up to $10,000 for breaches of the Act; or order payment of a sum in reimbursement to the employee in the event of breach; or it may make orders for both penalty and reimbursement. The court may order that the penalty or part of it be paid directly to a person or organisation or to the consolidated fund.
Recovery of costs in a proceeding under the Act is only available in limited circumstances. In the event that an employer paid goods and services as wages in contravention of the Act, the employer may not recover those goods or services as part of any proceeding.
In the event that an employee seeks to exercise an entitlement under the Act an employer must not terminate or threaten to terminate the employment of the employee, and neither must the employer prejudicially alter the employer’s position.
