The decision

After the hearing has finished, the Judge will either find that:

You have proved your case

If the Judge finds that you proved your case, the Judge must then decide what orders to make. The Judge may order that your employer pays:

• the money owed to you
• a penalty.

The money owed to you

If the Judge finds that your employer has not paid you your correct wages or given you your entitlements, they will usually calculate a dollar figure and order your employer to pay you that sum.

The amount may be exactly the same as the amount you claimed, but it could be more or less depending on the evidence given at court.

A penalty

If the Judge finds that your employer broke laws about paying you the right wage or entitlements, your employer could receive a penalty. The maximum penalty a Judge can order is $13,320 (or $66,000 if your employer is a company) (as at July 2022). If a Judge makes an order about your employer paying a penalty, the Judge can order that the amount payable be paid to you in some cases.

The Judge generally will not order that the penalty be paid to you if it would result in you receiving a 'windfall'. Windfall means that you would be in a better position than you would have been if you hadn't been incorrectly paid.

You haven't proved your case

If the Judge finds that you didn't prove your case, the orders you asked for will not be made. That means you won't be paid what you believe you are owed and your employer won't be given a penalty.

If you lost your case, it may be possible to appeal. For more information, see After court. You should get legal advice before appealing.

The losing side can be ordered to pay the legal costs of the other side, however this happens only in limited circumstances. For more information, see Costs.