Fair Work Ombudsman
Citation: FWO-2022-04-19-ciotti-penalty-media-release
At a glance
- Penalty
- $4,662
- Employees affected
- 1
- Awards cited
- MA000073
What happened
The Fair Work Ombudsman investigated Barry Ciotti, who operates Adelaide Chauffeur Company, after a chauffeur and ride-share driver requested assistance. The driver was employed on a casual basis in February and March 2021. A Fair Work Inspector issued a Compliance Notice in April 2021, believing the worker was underpaid minimum wages and casual loading under the Passenger Vehicle Transportation Award 2020, and was not paid for the last two weeks of employment. Ciotti failed to comply with the notice.
What was decided
The Federal Circuit and Family Court imposed a $4,662 penalty against Barry Ciotti for failing to comply with the Compliance Notice. The court also ordered Ciotti to back-pay the worker, including superannuation and interest. The judge noted a lack of contrition and cooperation from Ciotti and highlighted the vulnerability of workers in small passenger transport businesses. The decision aimed to deter underpayment of employees.
What it means for employers
Businesses, especially those in industries with vulnerable workers, must comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and back-payment obligations. Employers should ensure they are paying employees correctly and seeking advice if unsure.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available on 13 13 94.
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-2022/20220419-ciotti-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 →