Fair Work Ombudsman
Citation: FWO-2023-03-28-db-richardson-penalty-media-release
At a glance
- Respondent
- DB Richardson Trading Pty Ltd
- Penalty
- $15,318
- Employees affected
- 2
What happened
DB Richardson Trading Pty Ltd, trading as ‘Electrafi’, and its sole director, Desmond Brian Richardson, failed to back-pay entitlements to two young apprentices employed between January 2020 and February 2021. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. One worker was paid approximately $100 for five months of casual and full-time work, while the other was paid $3,250 for more than three months of casual and seven months of part-time work. A Compliance Notice was issued in September 2021, which the company failed to follow.
What was decided
The Federal Circuit and Family Court imposed a $13,320 penalty on DB Richardson Trading Pty Ltd and a $1,998 penalty on Desmond Brian Richardson. The company must now back-pay the workers’ outstanding entitlements, including superannuation and interest. The court found the workers were vulnerable as apprentices and the underpayments were significant. The judge noted the failure to comply with the Compliance Notice was deliberate and aimed to deter future misconduct.
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. Businesses should ensure they are paying employees correctly, particularly vulnerable workers like apprentices, and seek advice if unsure of their obligations.
What it means for employees
Employees, especially young workers and apprentices, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The FWO provides free advice and assistance to employees.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230328-db-richardson-penalty-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 →