Fair Work Ombudsman
Citation: FWO-2023-03-15-equine-robinson-penalty-media-release
At a glance
- Respondent
- Equine Robinson Pty Ltd
- Penalty
- $21,978
- Employees affected
- 1
- Awards cited
- MA000013
What happened
Equine Robinson Pty Ltd, trading as 'Horse Riding Hinterland' in Tamborine Mountain, and its sole director, Ocean Robinson, failed to back-pay entitlements to a casual horseriding attendant employed between June 2019 and November 2020. The Fair Work Ombudsman investigated after a young worker requested assistance. The worker's duties included operating horseriding tours, managing bookings, and caring for horses. A Compliance Notice was issued in July 2021, but it was not followed.
What was decided
The Federal Circuit and Family Court imposed a $18,315 penalty on Equine Robinson Pty Ltd and a $3,663 penalty on Ocean Robinson. The company must now back-pay the worker’s outstanding entitlements, including superannuation and interest. The court emphasized the importance of complying with workplace relations legislation and noted a lack of contrition from the respondents. Judge Egan highlighted the need for general deterrence.
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 court-imposed penalties and the obligation to back-pay entitlements. Demonstrating a willingness to remedy breaches and show contrition can be a factor in court proceedings.
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. Vulnerable workers, including young workers, are a priority for the FWO.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230315-equine-robinson-penalty-media-releaseSend your details to Liquid Employment Lawyers
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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