Fair Work Ombudsman
Citation: FWO-2022-04-20-donence-litigation-media-release
At a glance
- Penalty
- $4,100
- Employees affected
- 1
- Awards cited
- MA000073
What happened
The Fair Work Ombudsman commenced legal action against Oscar Donence, the operator of a kitchen installation business in Melbourne. A worker employed as a general hand and trades assistant between February and March 2021, contacted the Fair Work Ombudsman seeking assistance. A Fair Work Inspector issued a Compliance Notice in July 2021, believing the worker was underpaid entitlements under relevant awards. Mr Donence allegedly failed to comply with this notice.
What was decided
The Federal Circuit and Family Court imposed a penalty of $4,100 against Mr Donence for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a court order for Mr Donence to calculate and rectify any underpayment, including superannuation and interest. A directions hearing was scheduled for May 2022.
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. Employers should ensure they understand their obligations regarding employee entitlements and seek assistance if unsure.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and take action against employers who fail to meet their obligations.
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-donence-litigation-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 →