08 April 2016
Hi
Does the Magistrates Court have jurisdiction to hear underpayment of wages/entitlement claims? Or is the Federal Circuit Court more appropriate? I understand that QCAT does not have jurisdiction. Is this correct?
Kind regards
The Magistrates Court has jurisdiction under the Fair Work Act 2009 to hear small claims up to $20,000. The employee would file a Form 2A - Employment Claim and the employer would file a Form 6A - Notice of Intention to Defend an Employment Claim.
The Federal Circuit Court also has jurisdiction – it is a matter of preference.
You are correct that QCAT does not have jurisdiction.
Below is a link to the Fair Work Ombudsman Small Claims Guide, which will assist you.
Regards
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