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FWOFair Work Ombudsman · 5 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-06-mm-jalloh-litigation-media-release

At a glance

Penalty
$4,662
Employees affected
2
Awards cited
MA000128

What happened

The Fair Work Ombudsman commenced legal action against Mohamed Musa Jalloh, the former operator of 'Honourable Cleaning' in Auburn, New South Wales. The action followed requests for assistance from two international students from Nepal, who were employed as casual cleaners between August and October 2020. A Fair Work Inspector issued a Compliance Notice in January 2021, believing the workers were underpaid casual minimum wages under the Cleaning Services Award 2020. Mr Jalloh allegedly failed to comply with the notice, which required him to calculate and back-pay the workers’ entitlements.

What was decided

The Federal Circuit and Family Court imposed a penalty of $4,662 on Mr Jalloh for failing to comply with the Compliance Notice. The Court also ordered him to rectify the underpayment of the workers, including interest and superannuation. The Fair Work Ombudsman is seeking further penalties and an order for Mr Jalloh to comply with the Compliance Notice. A directions hearing was scheduled for June 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 penalties and orders to rectify underpayments, plus interest and superannuation. The Fair Work Ombudsman will take legal action against businesses that do not comply with lawful requests.

What it means for employees

Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcasual-conversion

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220606-mm-jalloh-litigation-media-release

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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 →

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