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FWOFair Work Ombudsman · 12 July 2023

Fair Work Ombudsman

Citation: FWO-2023-07-13-rainbow-wholefoods-penalty-media-release

At a glance

Respondent
Rainbow Wholefoods Pty Ltd
Penalty
$54,264
Employees affected
2

What happened

Rainbow Wholefoods Pty Ltd, a health food retailer based in Lismore, northern NSW, has been penalised for failing to pay compensation to two unfairly dismissed workers. A manager and a shop assistant, employed since 2015 and 2018 respectively, were dismissed in July 2020. The Fair Work Commission ordered Rainbow Wholefoods to pay a total of $50,967.20 in compensation. The company and its director, Anthony Stillone, have admitted to breaching the Fair Work Act by failing to comply with these orders. Partial payments have been made, but significant amounts remain outstanding.

What was decided

The Federal Circuit and Family Court has ordered Rainbow Wholefoods Pty Ltd to pay a penalty of $45,288 and Anthony Stillone to pay $8,976 for failing to comply with Fair Work Commission orders. The Court also ordered Rainbow Wholefoods to pay the outstanding compensation of $50,967.20 to the two workers. Fair Work Ombudsman Sandra Parker emphasised the importance of complying with Fair Work Commission orders and the consequences of failing to do so. The workers are still owed more than $21,000 and $9,000 respectively.

What it means for employers

Employers must comply with Fair Work Commission orders. Failure to do so can result in significant court-imposed penalties, in addition to being required to pay outstanding compensation to employees. Businesses should ensure they understand their obligations and seek advice if unsure.

What it means for employees

Employees who believe they have been unfairly dismissed or are owed compensation should contact the Fair Work Ombudsman for free advice and assistance. It is important to pursue these claims to ensure lawful entitlements are received.

unfair-dismissalpenalty-ratesgeneral-protectionsmodern-award-variationwage-theft

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/july-2023/20230713-rainbow-wholefoods-penalty-media-release

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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 →

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