Fair Work Ombudsman
Citation: FWO-2022-10-27-active-services-group-litigation-media-release
At a glance
- Respondent
- Mr Gerantidis for his involvement in Active Services Group
- Penalty
- $4,620
- Employees affected
- 3
What happened
The Fair Work Ombudsman commenced legal action against Active Services Group Pty Ltd, an electrical and telecommunications company based in Mount Waverley, Melbourne, and its sole director, John Gerantidis. The investigation began after requests for assistance from three workers employed between July 2018 and March 2021: a project manager, a field supervisor, and an apprentice electrician. A Fair Work Inspector issued Compliance Notices in 2021 regarding unpaid annual leave entitlements. Active Services Group allegedly failed to comply with these notices, and Mr Gerantidis is alleged to have been involved.
What was decided
The Federal Circuit and Family Court imposed a penalty of $4,620 against Mr Gerantidis for failing to comply with Compliance Notices. The Fair Work Ombudsman’s claims against Active Services Group Pty Ltd were stayed due to the company entering liquidation. The FWO is seeking penalties against both the company and Mr Gerantidis, along with court orders to rectify any underpayments and pay interest. A directions hearing was scheduled for November 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. Directors can be held personally liable for breaches if they were involved in the contraventions. Businesses should ensure they understand and meet their obligations regarding employee entitlements, particularly annual leave.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and enforce workplace laws to protect employee rights.
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-2022/20221027-active-services-group-litigation-media-releaseWant more cases like this?
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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 →