Developing the evidence base on underpayment recovery and civil justice

Using data to understand and address wage theft and underpayment

South-East Monash Legal Service conducted a research project to analyse the civil justice problem of wage theft and underpayment recovery.

Wage theft and underpayment are widespread issues that affect many workers, especially those in precarious or low-paid sectors. According to the Fair Work Ombudsman, in 2019-20, they recovered $123.5 million for 25,583 workers who were underpaid by their employers.

However, many workers may not be aware of their rights or how to seek legal remedies for their unpaid work. South-East Monash Legal Service (SMLS) provides free and confidential legal services to people in Southeast Melbourne who are experiencing disadvantage on a range of legal matters, including employment law.

Funded by a Victoria Law Foundation Knowledge Grant, Developing the evidence base on underpayment recovery and civil justice, used SMLS administrative data to generate a profile of their clients, services and outcomes in wage theft and underpayment recovery actions. The project also sought to inform better client service, advocacy, and data practices, while building sustainable research capacity.

“The findings are enlightening and provide an evidence-base to support our lawyers' observations of the client experience. They can also inform our advocacy work, including submissions to government inquiries.”

- Ashleigh Newnham, Director of Advocacy and Development, South-East Monash Legal Service

Enhancing data and research capacity

Alongside highlighting the value of administrative data in understanding client experiences, the project also facilitated improvements in data practices and ethical research considerations. SMLS staff are now more confident and better equipped to use research for the benefit of their organisation and the clients they serve.

Undertaking the project provided SMLS with valuable insights into the key considerations when seeking ethics approval. Understanding how to manage client consent for the purposes of an ethics application was a critical step in conducting the research, allowing SMLS to proceed while upholding ethical standards. This knowledge empowered SMLS to navigate the process more effectively and make informed decisions regarding ethical implications.

Through an extensive audit of SMLS's administrative data, the project identified actionable recommendations to strengthen data practices. As part of their short-term plan, SMLS will implement various measures, including the creation of standardised file notes and correspondence templates with prompts to capture key data. Additionally, in-house training will ensure improved data management across the organisation.

SMLS have also included 'uplifting' their internal data practices as a reportable milestone in their Operational Plan 2023-2025, which enables them to build on and embed data practices that address these findings long term.

The project had a positive impact on SMLS staff, who reported increased confidence in preparing research project proposals for funders. They also developed a deeper understanding of the value and significance of engaging in research, recognising its potential to drive positive change within the organisation.

Broadening impact

The research findings will provide valuable evidence to support SMLS’ recommendations for government inquiries related to wage theft and fair pay for gig workers.

SMLS’ dissemination strategy also includes preparing and publishing scholarly articles on aspects of the findings. Genevieve Grant from Monash Faculty of Law is preparing and publishing scholarly, peer reviewed articles on the process and findings in partnership with SMLS.

As part of the project SMLS also published a briefing report titled Getting Ready for Research Using Administrative Data: Insights for Community Legal Centres. The report shares valuable insights and knowledge gained from the project, with the aim of inspiring and empowering other community legal centres (CLCs) and similar organisations to explore the potential of their own administrative data for research and enhanced understanding.

Through a comprehensive blueprint of their research process, SMLS seeks to make significant contributions not only to the capacity building within their own organisation but also to other entities operating in the legal assistance sector who are interested on utilising their data for research purposes.

References

https://www.smls.com.au/

https://www.fairwork.gov.au/

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