Fair Work Ombudsman
Citation: FWO-2022-05-13-thulborn-penalty-media-release
At a glance
- Penalty
- $10,206
- Employees affected
- 1
- Awards cited
- MA000063
What happened
Peter Thulborn, who operates Mortlake Deli Fresh Café in Mortlake, Victoria, failed to comply with a Compliance Notice from the Fair Work Ombudsman. The Compliance Notice related to a worker employed at the café between July 2018 and November 2019. The worker alleged she was underpaid minimum wages, penalty rates for public holidays, early mornings, and weekends, and accrued but untaken annual leave. Mr Thulborn also issued pay slips with incorrect information. The Fair Work Ombudsman initiated an investigation after receiving a request for assistance from the worker.
What was decided
The Federal Circuit and Family Court imposed a $10,206 penalty against Mr Thulborn. He was ordered to comply with the Compliance Notice, which includes calculating and back-paying the worker's entitlements, superannuation, and interest. The Fair Work Ombudsman emphasised that failing to act on Compliance Notices can result in court-imposed penalties. The court's decision reinforces the importance of complying with workplace laws and paying workers their lawful entitlements.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can lead to significant financial penalties and the obligation to back-pay entitlements. Employers should ensure they are familiar with relevant awards and pay slip requirements.
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. Information and resources are available on the Fair Work Ombudsman's website and through the Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/may-2022/20220513-thulborn-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 →