Fair Work Ombudsman
Citation: FWO-2022-03-24-qd-dinh-litigation-media-release
At a glance
- Respondent
- Quang Dung Dinh trading as a residential building and construction services business
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000063
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, a Melbourne-based sole trader who operates a residential building and construction services business. An investigation began after a worker sought assistance, alleging he was underpaid between January and February 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, believing the worker was paid an hourly rate of $20.71 for some hours and not paid for others, resulting in underpayment of minimum wage, overtime, and penalty rates. The Respondent allegedly failed to comply with the Compliance Notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against the Respondent for failing to comply with the Compliance Notice. He faces a potential penalty of up to $6,660. The FWO also seeks an order for him to calculate and rectify any underpayments, including superannuation and interest. A directions hearing is scheduled for April 2022 in the Federal Circuit and Family Court.
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 back-pay entitlements, plus superannuation and interest. Employers should review their payroll practices to ensure compliance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220324-qd-dinh-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