Fair Work Ombudsman
Citation: FWO-2022-12-21-chapman-litigation-media-release
At a glance
- Respondent
- East Ballina Dental
- Penalty
- $6,660
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, the operator of East Ballina Dental in Ballina, New South Wales. A dental assistant, aged 22-23, worked part-time at the practice between October 2020 and July 2021. A Fair Work Inspector issued a Compliance Notice in November 2021, believing the worker had not been paid accrued annual leave entitlements. The Respondent allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against the Respondent for failing to comply with the Compliance Notice. The court may order him to pay penalties and rectify the underpayment by paying the outstanding entitlements plus interest. A directions hearing is scheduled for January 2023. The Fair Work Ombudsman emphasises enforcement of workplace laws and legal action against non-compliant businesses.
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 and orders to back-pay underpaid entitlements, plus interest. Employers should ensure they understand and meet their obligations regarding annual leave entitlements.
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 advice and assistance. The Fair Work Ombudsman encourages employees to seek help if they have concerns about their pay.
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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 →