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FWOFair Work Ombudsman · 29 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-30-stacey-dale-litigation-media-release

At a glance

Penalty
$1,607
Employees affected
1

What happened

The Fair Work Ombudsman commenced legal action against Stacey Dale and her husband Shane Dale, who operate Daily Cleaning Services in Ararat, Victoria. The action followed a request for assistance from an international student who worked as a casual cleaner for Mrs Dale between March and August 2019. A Fair Work Inspector issued a Compliance Notice in March 2020, alleging underpayment of casual minimum wages and penalty rates. It is alleged that approximately $2,100 remains owing. The couple allegedly failed to comply with the Compliance Notice.

What was decided

The Federal Circuit and Family Court imposed penalties of $1,606.50 against Stacey Dale and $2,142 against Shane Dale. Stacey Dale was ordered to rectify the alleged underpayment in full, including interest and superannuation, as outlined in the Compliance Notice. The Fair Work Ombudsman is seeking further penalties and an order for Stacey Dale to comply with the Compliance Notice. 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. Ensure accurate record-keeping and wage calculations to avoid underpayment claims and potential legal action.

What it means for employees

Employees who believe they have been underpaid should contact the Fair Work Ombudsman for free assistance. Visa holder workers and small businesses can find resources on the Fair Work Ombudsman’s website.

underpaymentpenalty-ratesgeneral-protectionscompliancecasual-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-2022/20220630-stacey-dale-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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