Fair Work Ombudsman
Citation: FWO-2022-11-18-tate-litigation-media-release
At a glance
- Penalty
- $4,290
- Employees affected
- 2
- Awards cited
- MA000117
What happened
The Fair Work Ombudsman has commenced legal action against Kristy Leanne Tate, the operator of Kreating Real Change Disability Services in Crookwell, NSW. Two young workers, aged 22-23 and 19-20, raised concerns about unpaid entitlements. One was employed full-time from October 2019 to May 2021, and the other casually from March to June 2021. A Fair Work Inspector issued a Compliance Notice in October 2021, believing the full-time employee was underpaid annual leave and the casual employee was underpaid weekend penalty rates under the Social, Community, Home Care and Disability Services Award 2010. Ms Tate allegedly failed to comply with the notice.
What was decided
The Federal Circuit and Family Court imposed a penalty of $4,290 on Ms Tate for failing to comply with the Compliance Notice. The Court also ordered her to calculate and back-pay the workers' outstanding entitlements, plus interest and superannuation. The Fair Work Ombudsman is seeking a further penalty of up to $6,660 and an order for Ms Tate to comply with the Compliance Notice. A directions hearing is scheduled for November 22, 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, plus interest and superannuation. Employers should ensure they understand their obligations under workplace laws and awards.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman can investigate and enforce workplace laws.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/november-2022/20221118-tate-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 →