Fair Work Ombudsman
Citation: FWO-2022-05-27-hamel-litigation-media-release
At a glance
- Penalty
- $1,500
- Employees affected
- 2
- Awards cited
- MA000117
What happened
The Fair Work Ombudsman commenced legal action against David Allan Hamel, a former operator of the Crossroads Hotel Narrabri in regional New South Wales. Two workers, a cook and a chef, contacted the Fair Work Ombudsman for assistance. They had been employed full-time at the hotel between December 2019 and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2021, believing the workers had not been paid accrued annual leave entitlements under the Hospitality Industry (General) Award 2020. The cook was allegedly owed 216 hours and the chef 128 hours. Mr Hamel back-paid the workers over $12,000 after the legal action commenced.
What was decided
The Federal Circuit and Family Court imposed a $1,500 penalty on Mr Hamel for failing to comply with the Compliance Notice. He was also ordered to back-pay the workers’ entitlements, plus interest. The Fair Work Ombudsman sought a penalty of up to $6,660 for the non-compliance. The case highlights the importance of complying with Compliance Notices and paying employee entitlements.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in penalties and orders to back-pay entitlements, plus interest. Ensure accurate record-keeping and timely payment of all employee entitlements, including annual leave.
What it means for employees
Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and enforce workplace laws.
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-2022/20220527-hamel-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 →