Gill v Sehajdeep Pty Ltd

In *Gill v Sehajdeep Pty Ltd*, heard before Judge McNab in the Magistrates Court of Victoria, the applicant, Mr Gill, alleged that the respondent, Sehajdeep Pty Ltd, had underpaid him in contravention of the *Fair Work Act 2009* (Cth). The core of the dispute concerned the applicant's entitlement to wages and entitlements that he claimed were outstanding from his employment.

The court was required to determine whether Sehajdeep Pty Ltd had indeed underpaid Mr Gill and, if so, the quantum of that underpayment. A further issue was the respondent's compliance with its statutory obligations to maintain accurate employee wage records, a failure which could attract separate penalties.

Judge McNab found that Mr Gill had established his claim for underpayment of wages. The court's reasoning was based on the evidence presented, which demonstrated a shortfall in the wages paid compared to the entitlements accrued under the relevant award and the *Fair Work Act*. The failure by Sehajdeep Pty Ltd to produce accurate and complete wage records was also noted as a significant factor, hindering the respondent's ability to refute the applicant's claims and indicating a breach of its record-keeping obligations.

The court ordered Sehajdeep Pty Ltd to pay Mr Gill the sum of $10,000.00 in respect of the proven underpayment of wages and entitlements.