Fair Work Ombudsman
Citation: FWO-2023-10-06-salmon-litigation-media-release
At a glance
- Respondent
- D. Salmon Carpentry
- Penalty
- $1,000
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, the former operator of D. Salmon Carpentry in Victoria. The Applicant was employed as a full-time apprentice carpenter from July 2019 to June 2021, during which time he was allegedly underpaid minimum wages, not paid for two weeks of work, and not paid accrued annual leave. A Compliance Notice was issued in December 2022, which the Respondent allegedly failed to comply with. The Applicant was aged 18 to 20 during his employment.
What was decided
The Federal Circuit and Family Court imposed a $1,000 penalty against the Respondent. He has back-paid the Applicant in full after the Fair Work Ombudsman commenced legal action. The FWO is seeking further penalties for failing to comply with the Compliance Notice and for a breach of pay slip laws. A directions hearing is scheduled for October 11, 2023. The FWO is seeking a court order for the Respondent to rectify the alleged underpayments, including superannuation and interest.
What it means for employers
Employers, particularly small businesses, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Paying young workers correctly and ensuring they receive all entitlements is crucial.
What it means for employees
Employees, especially young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and assistance are available.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/october-2023/20231006-salmon-litigation-media-releaseWant more cases like this?
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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 →