Recovery of unpaid wages etc.
379 Recovery of unpaid wages etc.
An application may be made to a magistrate for an order for payment of—
an employee’s unpaid wages; or
an apprentice’s unpaid tool allowance under section 137; or
remuneration lost by an apprentice or trainee because the employer has contravened section 371(2).
The application may be made by—
the employee; or
an employee organisation of which the employee is a member, acting for the employee; or
a person authorised by the employee to make the application, acting for the employee; or
an inspector.
The application must be made within 6 years after the amount claimed became payable.
On hearing the application, the magistrate—
must order the employer to pay the employee the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and
may make an order for the payment despite an express or implied provision of a contract, certified agreement or bargaining award to the contrary; and
may order the payment to be made on the terms the magistrate considers appropriate; and
may award costs to either party in an amount assessed by the magistrate.
A person can not make an application under this section if an application has been made under section 475 or 396 for the same matter.
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