Fair Work Ombudsman
Citation: FWO-2022-02-22-dingwall-hilder-nominees-penalties-media-release
At a glance
- Respondent
- Dingwall Hilder Nominees Pty Ltd
- Penalty
- $54,000
- Employees affected
- 6
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated Dingwall Hilder Nominees Pty Ltd, which operated a restaurant called Quarterdeck Dining in Mandurah, Western Australia. Six former employees raised concerns about underpayment. A Fair Work Inspector issued Compliance Notices in January and June 2020, but the company and its director, Michelle Dawn Hilder, failed to comply. The employees worked between June 2017 and December 2019.
What was decided
The Federal Circuit and Family Court imposed penalties totaling $54,432 against Dingwall Hilder Nominees Pty Ltd ($45,360) and Michelle Dawn Hilder ($9,072). The company must now calculate and back-pay the underpaid entitlements, including superannuation and interest. Judge Christopher Kendall stated the failure to comply with Compliance Notices is a serious matter with consequences. Ms Hilder registered a new restaurant business after the breaches.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and the obligation to back-pay entitlements. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have been underpaid should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman is prepared to take legal action against employers who fail to comply with Compliance Notices.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/february-2022/20220222-dingwall-hilder-nominees-penalties-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →