Application for Payment of Wages - Return to Work Act 2014
This page provides procedural information about a monetary claim for wages or salary payable under section 19 of the Return to Work Act 2014.
Who can apply?
Under section 19 of the Return to Work Act 2014, a worker who has been incapacitated for work in consequence of a work injury, and undertakes alternative or modified duties, must be paid an appropriate wage or salary. Section 19A of the Return to Work Act 2014 gives SAET jurisdiction to hear and determine monetary claims for wages or salary payable under section 19.
What do I need to do?
To apply for your claim to be heard and determined by SAET, you should complete an application form and gather information to support your application.
You may wish to seek advice from a lawyer, or a representative who is employed by an industrial association, to help with your application.
The application must be lodged using the online form available on the SAET Forms page.
What can I expect?
The SAET Registry will send a copy of your application to the employer and the relevant compensating authority.
You and the employer must attend at the date and time specified on the SAET documents.
The employer is required respond in the “Answer/Response” form, which SAET should receive within 14 days. The employer must also send you a copy.
You and the employer will be asked to participate in a conciliation process, which aims to settle the matter by agreement. It is informal and private with each party given an opportunity to explain their position.
The SAET Member presiding at conciliation may speak to you and the employer separately to develop settlement options. Anything you say privately will not be repeated to the other party without your permission.
If the matter doesn’t resolve at conciliation, then it will be given a date for a directions hearing. This is an informal type of hearing, often conducted by telephone. The SAET Member may make directions about what you and the employer need to do in preparation for a trial. A settlement conference may be held to see if an agreement can be reached without the need for a trial.
Form(s)
Please obtain the relevant form(s) via the SAET Forms page.
Is there a cost?
There is no cost for lodging the application.
Legal Costs
Section 36 of the Fair Work Act 1994 (SA) limits the circumstances in which a party to a monetary claim may be liable for the legal costs of the other party – generally there will only be an exposure to such costs if a party brings an unsuccessful appeal against an initial decision on a claim.
Where can I find more information?
You may wish to get legal advice. More information about where you can get legal advice can be found here.
If you have further questions you can contact the SAET Registry. Staff cannot suggest the likelihood of your case succeeding or offer legal advice.