An excavation company is facing court for failing to comply with a notice to back-pay a worker.
It’s the latest employer to face similar action by the Fair Work Ombudsman as it continues its recent crackdown on recalcitrant bosses.
Theill Pipelines Pty Ltd and the company’s sole director, Garry O’Neill, are facing court.
Fair Work alleges the company based in north-west Victoria, together with O’Neill, failed to comply with a Compliance Notice requiring them back-pay an employee.
The employee worked as an excavator operator for the company between 2009 and 2019.
Inspectors commenced an investigation last year after receiving a complaint from the worker.
They issued the Compliance Notice after they formed a belief that the employee did not receive redundancy pay and annual leave loading, and unused annual leave.
The Notice required the company to calculate and rectify the alleged underpayments and produce reasonable evidence of its compliance.
Fair Work undertaking blitz on dodgy bosses
The regulator has launched similar action against a number of dodgy bosses who have failed to comply with Compliance Notices.
As a consequence of the crackdown, a number of companies, and their directors, are facing court action.
Industrial advocate Miles Heffernan from Fair Work Claims welcomed the crackdown.
“Greedy bosses have been allowed to steal their worker’s wages for too long now,” he said.
“Hopefully these recent litigations will send the message that ripping off workers is not acceptable.”
Fair Work is seeking penalties against Theill Pipelines and O’Neill, and as a consequence, the company faces a maximum penalty of $31,500, and furthermore, O’Neill faces a maximum penalty of $6,300.
Further, the regulator is also seeking a court order requiring the company to calculate and pay any outstanding amounts, plus superannuation.
The Federal Circuit Court in Melbourne has a directions hearing listed for 24 March 2020.
Fair Work Claims is a private consultancy and advocacy firm with no affiliation to any government agency, commission or tribunal.