Fair Work Ombudsman
Citation: FWO-2023-05-04-vertebral-penalty-media-release
At a glance
- Respondent
- Vertebral Pty Ltd
- Penalty
- $37,000
- Employees affected
- 1
What happened
Vertebral Pty Ltd, an IT services company based on the Gold Coast, and its director Yasien Adams have been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding entitlements for a network engineer employed between January and August 2020. The worker was a visa holder from the United Arab Emirates. The Fair Work Ombudsman investigated after a request for assistance from the worker.
What was decided
The Court imposed a $20,000 penalty against Vertebral Pty Ltd and a $4,000 penalty against Yasien Adams. The company was ordered to back-pay the worker $13,467, plus interest and superannuation. The Fair Work Ombudsman emphasized the consequences of failing to act on Compliance Notices and the priority of protecting vulnerable workers. The decision highlights the importance of adhering to Compliance Notices and ensuring workers receive their lawful entitlements.
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 back-payment obligations. Employers should be particularly vigilant in ensuring vulnerable workers, such as visa holders, receive their correct entitlements.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The Assurance Protocol protects visa holders from potential visa cancellation when seeking help.
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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