Fair Work Ombudsman
Citation: FWO-2022-04-04-azman-penalty-media-release
At a glance
- Penalty
- $2,664
- Employees affected
- 1
- Awards cited
- MA000077
What happened
Ramazan Azman, who operates Award Kitchens in Concord, Sydney, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required him to back-pay entitlements to a former employee who worked full-time between July 2018 and August 2020. The worker was underpaid minimum wages, weekend overtime, and did not receive annual leave entitlements upon termination. Mr Azman rectified the $21,026.27 underpayment and $1,030.79 in superannuation after legal proceedings began.
What was decided
The Federal Circuit and Family Court imposed a $2,664 penalty against Mr Azman for failing to comply with the Compliance Notice. The court found the delay in back-payment caused a 'significant loss' to the worker. Judge Nicholas Manousaridis stated a penalty was needed to deter other employers from disregarding Compliance Notices. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and encouraged employees with pay concerns to seek assistance.
What it means for employers
Employers must act promptly on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties in addition to back-payment obligations. Ignoring Compliance Notices can lead to significant financial and reputational consequences.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman can investigate and help ensure workers receive their lawful entitlements.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220404-azman-penalty-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 →