Fair Work Ombudsman
Citation: FWO-2023-11-06-saga-source-penalty-media-release
At a glance
- Respondent
- Saga Source Pty Ltd
- Penalty
- $21,456
- Employees affected
- 1
- Awards cited
- MA000123
What happened
Saga Source Pty Ltd, an information technology company based in Perth, and its director, Ayden Lee Hernan-Sayers, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to underpayment of a junior backend developer employed between November 2020 and December 2021. The worker was allegedly underpaid minimum wages under the Professional Employees Award 2020, and annual and personal leave entitlements under the National Employment Standards. The Fair Work Ombudsman investigated after receiving a request for assistance from the worker.
What was decided
The Federal Circuit and Family Court imposed a $12,000 penalty against Saga Source Pty Ltd and a $2,500 penalty against Ayden Lee Hernan-Sayers. The company was also ordered to back-pay the worker $6,956 plus interest. Judge Salvatore Vasta acknowledged the company’s financial difficulties but stressed the importance of complying with Compliance Notices. The Fair Work Ombudsman emphasized the consequences of failing to act on Compliance Notices.
What it means for employers
Employers must prioritise compliance with Fair Work Ombudsman Compliance Notices. Failure to do so can result in significant penalties and back-payment orders. Businesses should seek advice if unsure how to respond to a Compliance Notice.
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 advice and assistance. Interpreter services are available.
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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 →