Fair Work Ombudsman
Citation: FWO-2023-11-15-chapman-east-ballina-dental-penalty-media-release
At a glance
- Respondent
- East Ballina Dental
- Penalty
- $5,328
- Employees affected
- 1
What happened
The Fair Work Ombudsman secured a penalty against the Respondent, the operator of East Ballina Dental in Ballina, NSW. This followed his failure to comply with a Compliance Notice regarding a dental assistant he employed between October 2020 and July 2021. The assistant, aged 22 to 23 during her employment, was not paid accrued annual leave entitlements. The Fair Work Ombudsman investigated after a request for assistance from the Applicant.
What was decided
The Federal Circuit and Family Court imposed a $5,328 penalty against the Respondent for failing to comply with the Compliance Notice. He was also ordered to back-pay the Applicant all outstanding entitlements. The court found the Respondent showed no contrition and expressed anger towards the Fair Work Ombudsman and the Applicant. Judge Egan stated the penalty was to deter similar conduct by the Respondent and other employers. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and protecting vulnerable workers.
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 back-payment of entitlements. Employers should prioritise protecting vulnerable workers, like young employees, and ensure they are aware of their obligations under workplace laws.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and courses to help employers understand Compliance Notices and their obligations.
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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 →