If your complaint is not resolved via conciliation, your complaint may be allocated to an industrial inspector for formal investigation in accordance with the Private Sector Labour Relations Division Compliance and Enforcement Policy
Private Sector Labour Relations does not formally investigate every complaint that it receives, and exercises discretion in deciding which matters to investigate.
We have developed guidelines to assist determining whether a complaint will be formally investigated. These guidelines are set out at Attachment A in the Private Sector Labour Relations Division Compliance and Enforcement Policy.
If your complaint proceeds to the formal investigation stage, an industrial inspector will be allocated to your case. An industrial inspector is impartial and does not represent either employees or employers. Their role is to investigate possible breaches of employment laws.
During the formal investigation you will need to:
- provide all the evidence you have about the alleged underpayment of wages or entitlements. This may include:
- copies of payslips
- payment summaries (group certificates)
- bank statements showing payments of wages
- written contract of employment
- timesheets
- diary records
- provide truthful information about the matter;
- make a witness statement regarding your employment and the wages and entitlements you have received from the employer; and
- keep in touch with the industrial inspector investigating your case and inform them of any changes, such as the employer resolving the issue with you or you leaving Western Australia.
Conclusion of investigation
After the industrial inspector has completed the formal investigation you will be contacted and told of the outcome. If the evidence supports a breach of employment law, we will advise your employer to repay your unpaid entitlements.
The Compliance and enforcement section has information on compliance tools used and enforcement matters undertaken by Private Sector Labour Relations.
Industrial Magistrates Court
If a breach of employment law is supported by evidence and your employer does not voluntarily resolve it, the matter may be taken to the Industrial Magistrates Court for determination. If this occurs you may be required to give evidence in court.
Visit Enforcement matters for a list of successful enforcement matters brought before the Industrial Magistrates Court.
