Fair Work Ombudsman
Citation: FWO-2023-05-25-esr-group-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 4
What happened
The Fair Work Ombudsman has taken legal action against ESR Group Pty Ltd, operating as Essential Motor Body Smash Repairs in Seven Hills, and company manager Paul Silvestro. Four workers, including three panel beaters and a spray painter, raised concerns about unpaid entitlements. The workers were employed between March 2020 and December 2021. The investigation found potential issues with accrued but untaken annual leave, unpaid wages for some work, and unpaid personal leave. Compliance Notices were issued but allegedly not followed.
What was decided
The Fair Work Ombudsman is seeking penalties against ESR Group and Paul Silvestro for failing to comply with Compliance Notices and alleged breaches of pay slip laws. Penalties could total up to $33,300 per breach for the company and $6,660 per breach for the manager. The FWO also seeks orders to rectify underpayments, including interest and superannuation. A directions hearing is scheduled for July 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 significant penalties. Employers should ensure they are accurately calculating and paying all employee entitlements, including annual leave, personal leave, and wages, in accordance with relevant awards and legislation.
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 assistance. Interpreter services are available.
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-2023/20230525-esr-group-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 →