Fair Work Ombudsman
Citation: FWO-2022-03-04-skyjohn-litigation-media-release
At a glance
- Respondent
- Skyjohn Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against Skyjohn Pty Ltd, trading as Supreme Crash Repairs in Dudley Park, Adelaide, and its sole director, the Respondent. The action followed a request for assistance from a spray painter employed between March 2020 and March 2021. A Fair Work Inspector issued a Compliance Notice in May 2021, alleging the worker was not paid accrued but unused annual leave. Skyjohn allegedly failed to comply with the notice, and the Respondent is alleged to have been involved.
What was decided
The Fair Work Ombudsman is seeking penalties against Skyjohn Pty Ltd and the Respondent for failing to comply with the Compliance Notice. The company faces a maximum penalty of $33,300, and the Respondent faces a maximum penalty of $6,660. The FWO also seeks an order for Skyjohn to rectify any underpayments, including interest. A directions hearing is scheduled for March 15, 2022.
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 penalties and orders to rectify underpayments. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have not received correct pay or entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220304-skyjohn-litigation-media-releaseSend your details to Liquid Employment Lawyers
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This summary was drafted 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