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FWOFair Work Ombudsman · 16 October 2022

Fair Work Ombudsman

Citation: FWO-2022-10-17-hermesvilla-litigation-media-release

At a glance

Respondent
Hermesvilla Pty Ltd
Penalty
$889
Employees affected
1
Awards cited
MA000113

What happened

The Fair Work Ombudsman commenced legal action against Hermesvilla Pty Ltd, trading as Myka Home, located in Nunawading, Melbourne. The investigation began after a request for assistance from a casual delivery driver employed in July 2021. A Fair Work Inspector issued a Compliance Notice in November 2021, alleging the worker was underpaid minimum wages, casual loading, and overtime rates under the General Retail Industry Award 2020. The company allegedly failed to comply with the notice and also breached pay slip laws.

What was decided

Hermesvilla Pty Ltd faces penalties for failing to comply with the Compliance Notice and for breaching pay slip laws. The company could face penalties totaling up to $99,900. The Fair Work Ombudsman is seeking an order for Hermesvilla Pty Ltd to rectify the alleged underpayment, including superannuation and interest, and to comply with the Compliance Notice. A directions hearing is scheduled for December 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. Employers also need to ensure they provide employees with legally required pay slips.

What it means for employees

Employees who believe they have been underpaid or are not receiving proper entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline.

underpaymentpenalty-ratesgeneral-protectionspay-slipscompliance-notice

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

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/october-2022/20221017-hermesvilla-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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