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Instructions
Do not include this first page of instructions in your letter of demand. Delete this section after reading it.
This letter sets out how to write a letter of demand for underpayment of wages, as well as annual leave or notice.
Insert details relevant to your underpayment in the highlighted sections, and delete the parts that aren’t relevant to your claim.
Send the letter to your employer via post or email and keep a record of when you sent it. The letter can be used as evidence to help your underpayment claim, as well as a claim for penalties, in the South Australian Employment Tribunal.
This is a template and might not cover the extent of your underpayment issue. That is, this template talks about very specific breaches and in your case, there might be other breaches that you need to allege.
This letter is a guide and should not be taken as legal advice.
[date]
[employer’s address or email]
Dear [name of owner of business]
RE: – Underpayment of wages
I write regarding my employment with [name of business]. I have been underpaid by you as follows:
[List the different types of underpayment. For example:
[Explain how you calculated these amounts. For example if you were paid at the incorrect classification under your Award:]
You did not pay me at the correct award rate. For the period of [start date] to [end date], you paid me [the rate you were paid] an hour. However I should have been paid at [classification level] of the [your Award], as my duties included [list the higher duties you performed]. The total amount owing for underpayment of wages is $XXXX.
[Example if you were underpaid notice or annual leave]
You also did not pay my [annual leave / notice] of [X number of] weeks. The total owing to me for annual leave is $XXXX. My entitlement to [ annual leave / notice ] can be found in the National Employment Standards.
The total amount that should have been paid to me was [$XXXX your correct total payment]. You paid me [$XXXX what you were actually paid]. There is a total amount of [$XXXXX amount of underpayment] owing to me.
I request that you make the total payment of [$XXXX amount of underpayment] to me within 14 days of this letter.
If I do not receive payment within that time, I put you on notice that I will be commencing proceedings for unpaid wages against in the South Australian Employment Tribunal (SAET) without further notice.
If I am forced to commence proceedings against you, I will be seeking an order from the SAET that you pay pecuniary penalties for your various breaches of the civil remedy provisions of the Fair Work Act 2009.
It is hoped that this will not be necessary, and I look forward to a quick and amicable settlement of the outstanding unpaid wages.
Regards,
[your name]
[your contact details]
