Fair Work Ombudsman
Citation: FWO-2022-06-28-polyfone-litigation-media-release
At a glance
- Respondent
- Polyfone Telecom Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against Polyfone Telecom Pty Ltd, a Gold Coast telecommunications company, and its sole director, the Respondent. The action followed a request for assistance from a former bookkeeper who worked for the company from December 2014 to September 2020. A Fair Work Inspector issued a Compliance Notice in February 2021, believing the worker was owed unpaid annual leave, personal leave, and superannuation entitlements under the Telecommunications Services Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, and approximately $28,120.80 remains outstanding.
What was decided
The Fair Work Ombudsman is seeking penalties against Polyfone Telecom and the Respondent for failing to comply with the Compliance Notice. Polyfone Telecom faces a penalty of up to $33,300, and the Respondent faces a penalty of up to $6,660. The Ombudsman also seeks an order for Polyfone Telecom to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for August 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 significant penalties and orders to back-pay entitlements, including interest and superannuation. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have been underpaid or are owed entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman can investigate and enforce workplace laws.
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This summary was drafted 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 →