Fair Work Ombudsman
Citation: FWO-2022-05-04-rl-medispa-penalty-media-release
At a glance
- Respondent
- Rachael Louise Medispa Pty Ltd
- Penalty
- $29,970
- Employees affected
- 1
- Awards cited
- MA000113
What happened
Rachael Louise Medispa Pty Ltd, a cosmetic injectables and skin clinic in Drummoyne, Sydney, and its sole director, Rachael Louise Birch, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding unpaid entitlements to a worker employed as an advanced cosmetic injector and head trainer between December 8 and 25, 2020. The Fair Work Ombudsman investigated after a worker requested assistance. The clinic failed to backpay the worker as required by the Nurses Award 2010.
What was decided
The court imposed a $24,975 penalty on Rachael Louise Medispa Pty Ltd and a $4,995 penalty on Rachael Louise Birch. The court also ordered the clinic to comply with the Compliance Notice and backpay the worker approximately $3,048.50. Judge Nicholas Manousaridis found the failure to comply was deliberate. The penalties are intended to deter other employers from disregarding Compliance Notices.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and the obligation to backpay workers. This case highlights the consequences of wilfully disregarding legal obligations regarding worker entitlements.
What it means for employees
Employees who believe they have not received all their lawful entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support and information.
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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 →