Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 376

376 Overpaid wages

(1) This division does not prevent an employer recovering an amount paid to an employee that the employee is not entitled to because of absence from work.

(2) Without limiting the employer’s right to recover, the employer may recover an amount to which the employee is not entitled by deducting amounts from the employee’s wages for a subsequent pay period or periods.

(3) Deductions under subsection (2) —

(a) must start within 1 year after the payment; and

(b) may extend over a period of 6 years after the payment.

(4) A deduction can not be made in an amount that would reduce the wages payable to the employee for a pay period to less than an amount prescribed by a regulation.