Fair Work Ombudsman
Citation: FWO-2023-06-22-clarke-allied-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000128
What happened
The Fair Work Ombudsman has taken legal action against Clarke Allied Work Pty Ltd, which operates 'The Innovative Dietitian' in Adelaide. The business is facing a court case after failing to comply with a Compliance Notice. A worker, initially a part-time dietitian and later a full-time principal dietitian, raised concerns about underpayment. The worker was employed at the Maylands outlet between August 2020 and June 2022. The Compliance Notice related to unpaid wages for the final three weeks of work and accrued but untaken annual leave.
What was decided
The Fair Work Ombudsman alleges Clarke Allied Work failed to comply with a Compliance Notice requiring them to back-pay the worker's entitlements under the Health Professionals and Support Services Award 2020 and the Fair Work Act’s National Employment Standards. The company faces a potential penalty of up to $33,300 and an order to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for October 12, 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 and orders to back-pay entitlements, plus interest and superannuation. Businesses should ensure they understand and meet their obligations under workplace laws and awards.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides information and support to help employees understand their rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/june-2023/20230622-clarke-allied-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 →