Fair Work Ombudsman
Citation: FWO-2022-05-24-red-lion-penalty-media-release
At a glance
- Penalty
- $2,640
- Employees affected
- 1
- Awards cited
- MA000030
What happened
Paul Kenneth Hendrie, who operated the Red Lion Brewery bistro in Kilmore, Victoria, faced legal action from the Fair Work Ombudsman. An adult apprentice chef worked at the bistro from October 2019 to March 2020. The Fair Work Ombudsman investigated after the worker requested assistance. A Compliance Notice was issued in March 2021, requiring back-payment of entitlements. Mr Hendrie failed to comply with this notice.
What was decided
The Federal Circuit and Family Court imposed a $2,640 penalty against Mr Hendrie for failing to comply with the Compliance Notice. The penalty is to partially rectify outstanding underpayments, estimated to be over $9000. The court found Mr Hendrie prioritised his interests over the employee’s entitlements and did not cooperate with the regulator. Judge Mansini emphasised the need for penalties to deter similar conduct.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties. Prioritising business interests over employee entitlements is unacceptable and can lead to legal consequences. Employers should ensure they understand and fulfil their obligations regarding employee pay and entitlements.
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 advice and assistance. The Fair Work Infoline is available for support and guidance.
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-2022/20220524-red-lion-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 →