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FWOFair Work Ombudsman · 16 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-17-callaghan-litigation-media-release

At a glance

Penalty
$6,660
Employees affected
4

What happened

The Fair Work Ombudsman has commenced legal action against Christine Louise Callaghan, who operated 'RC Express' in Taree, NSW. The investigation began after four workers, including an administration clerk and three delivery drivers, requested assistance. They were employed between February 2016 and June 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, believing the workers were underpaid entitlements under several awards and the National Employment Standards. The Compliance Notice required Ms. Callaghan to calculate and backpay outstanding entitlements, which she allegedly failed to do.

What was decided

The Fair Work Ombudsman is taking Ms. Callaghan to court for allegedly failing to comply with the Compliance Notice. The court may order penalties and rectification of the alleged underpayment, including superannuation and interest. A directions hearing is scheduled for July 2022. The Fair Work Ombudsman aims to enforce workplace laws and take legal action against businesses that fail to comply with Compliance Notices.

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 action, penalties, and orders to rectify underpayments, plus superannuation and interest. Employers should review their payroll practices and ensure compliance with relevant awards and the National Employment Standards.

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 advice and assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

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-2022/20220617-callaghan-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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