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FWOFair Work Ombudsman · 19 April 2022

Fair Work Ombudsman

Citation: FWO-2022-04-20-angels-care-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
2

What happened

The Fair Work Ombudsman commenced legal action against Angels Care (Australia) Pty Ltd, a home nursing and care services business in Victoria, and its director, Geoffrey David Harrison. This followed a request for assistance from two managers employed by the company. A Fair Work Inspector issued a Compliance Notice in May 2021, believing Angels Care failed to pay accrued annual leave entitlements to the two workers when their employment ended in early 2021. The workers were believed to be owed a total of 322 hours of annual leave. The company did not comply with the notice.

What was decided

The Fair Work Ombudsman discontinued proceedings on February 14, 2023. The FWO was seeking penalties against Angels Care and Mr Harrison for failing to comply with the Compliance Notice. The company faced a maximum penalty of $33,300 and Mr Harrison faced a maximum penalty of $6,600. The FWO also sought an order for Angels Care to rectify any underpayments, including interest and superannuation.

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 interest and superannuation.

What it means for employees

Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.

underpaymentannual-leavegeneral-protectionscompliance

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-2022/20220420-angels-care-litigation-media-release

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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 →

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