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Employer Took Money From Your Pay Without Permission? Here’s Your Legal Position

Unauthorised deductions from wages are a breach of section 324 of the Fair Work Act. Here's how to demand the money back.

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Topics: employment, letter of demand, unauthorised deductions, unpaid wages

You opened your payslip and there it is — a deduction you never agreed to. Maybe it’s labelled “till shortfall”, “broken stock”, “training cost”, “uniform”, or just appears as a vague reduction with no description at all. Unauthorised deductions are one of the most clear-cut wage breaches in Australian law, and the money can be recovered.

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The legal context — section 324 of the Fair Work Act

Section 324 of the Fair Work Act 2009 sets the rules. An employer may only deduct an amount from an employee’s wages where the deduction is (a) authorised in writing by the employee and is principally for the employee’s benefit, (b) authorised by the employee in line with an enterprise agreement, (c) authorised by or under a modern award, Fair Work Commission order, or law, or (d) authorised by or under an order of a court. Anything else — including deductions for till shortfalls, breakages, customer walk-outs, or claimed property damage — is unlawful, even if your contract has a clause saying otherwise. Section 326 specifically voids any term of a contract that purports to allow a deduction that is not principally for the employee’s benefit.

Common employer defences and why they fail

  • “You signed the contract.” A blanket deductions clause does not satisfy section 324 — the authorisation must be specific and principally for your benefit.
  • “You agreed verbally.” Verbal agreement is not “in writing” and fails the test.
  • “It was your fault the till was short.” Even if true, recouping the loss from your wages without proper authorisation is unlawful self-help.
  • “It’s in the staff handbook.” Not enough. The authorisation must come from you, not from a unilateral company policy.
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The Letter of Demand approach

The Letter of Demand identifies each deduction by date and amount, asserts the absence of valid section 324 authorisation, cites section 326 to neutralise any contract clause the employer might rely on, totals the amount, and sets a 14-day deadline. It also flags that unauthorised deductions are a civil remedy provision and can attract Fair Work Ombudsman penalties on top of the back-pay.

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A formal demand with a clear deadline is often the first step before a tribunal or court claim.
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What Claim Done delivers (flat fee)

Answer the wizard about each deduction, the dates, the amounts, and any “authorisation” the employer is relying on. Claim Done generates a Letter of Demand citing sections 323, 324, and 326 of the Fair Work Act, with a calculation table, ready to send as a PDF.

What to expect — and the Fair Work escalation

Unauthorised deductions are difficult to defend. If yours doesn’t, the Fair Work Ombudsman is the right escalation — it treats unauthorised deductions seriously and can issue compliance notices and pursue penalties. The small-claims division of the Federal Circuit and Family Court is available for larger amounts.

What happens when you send a Letter of Demand

Same problem. What a prepared case looks like.

Before — doing it yourself
You text them. They ignore you.
You email again. "Sorry, been busy."
Weeks pass. Nothing changes.
You start to feel like the annoying one.
→
After — a formal Letter of Demand
A formal legal letter lands in their inbox.
It cites the Act, the amount, and the interest.
It gives them a clear deadline to pay.
If they do not, you have the paper trail a tribunal or court will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Letter of Demand$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Letter of Demand drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.

How much does a Letter of Demand cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Letter of Demand in Australia?

No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Letter of Demand template doesn't?

It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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