Fair Work Ombudsman
Citation: FWO-2023-05-19-mcdonald-litigation-media-release
At a glance
- Penalty
- $5,542
- Employees affected
- 1
- Awards cited
- MA000047
What happened
The Fair Work Ombudsman commenced legal action against Trevor McDonald, who operates the ‘Mallanganee Hotel & Pub’ in Mallanganee, New South Wales. A worker was employed by Mr. McDonald between July 2020 and January 2021, initially as a casual food and beverage attendant, then in a full-time managerial role. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging underpayment of minimum casual rates, penalty rates, and annual leave entitlements. Mr. McDonald allegedly failed to comply with this notice.
What was decided
The Federal Circuit and Family Court ordered Mr. McDonald to pay the worker $5,541.63 plus superannuation and interest. He was also fined $3,000 for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a court order for Mr. McDonald to rectify the alleged underpayments and take steps outlined in the Compliance Notice. A directions hearing is scheduled for May 29, 2023.
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 court-ordered back-payments to employees.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230519-mcdonald-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 →