Fair Work Ombudsman
At a glance
- Schiller Transport Pty Ltd
- $15,906
- 1
What happened
The Fair Work Ombudsman commenced legal action against Schiller Transport Pty Ltd, an Adelaide-based road transport and logistics company. The action followed a request for assistance from a truck driver who worked for the company from 2011 to 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, alleging the worker was not paid all annual leave entitlements upon termination. It was alleged the worker was owed $15,906.05 but received only $5,000. The company allegedly failed to comply with the Compliance Notice. Due to liquidation, the proceedings were discontinued in April 2022.
What was decided
The Fair Work Ombudsman discontinued legal proceedings against Schiller Transport Pty Ltd after the company entered liquidation. The company faced allegations of failing to pay a truck driver’s full annual leave entitlements and failing to comply with a Compliance Notice. The Fair Work Ombudsman sought a court order for the company to pay the outstanding annual leave, interest, and penalties. A directions hearing was scheduled for June 2022, but did not proceed due to the liquidation.
What it means for employers
Employers must ensure they pay all employee entitlements, including annual leave, upon termination of employment. Failure to comply with Compliance Notices issued by the Fair Work Ombudsman can result in significant penalties and legal action. Businesses should review their payroll processes and seek advice if unsure about their obligations.
What it means for employees
Employees are entitled to receive all accrued annual leave entitlements when their employment ends. Employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.
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