Fair Work Ombudsman
Citation: FWO-2023-12-04-winton-jacob-litigation-media-release
At a glance
- Penalty
- $15,174
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Winton Jacob International Pty Ltd, which operated C de C Shoes in Sydney, and its sole director, Winton Guo. The action follows a request for assistance from a Chinese visa holder who worked at the stores between November 2019 and June 2021. A Fair Work Inspector issued a Compliance Notice in December 2022 alleging underpayment of minimum wages, penalty rates, and leave entitlements. The company allegedly failed to comply with the notice and is accused of breaching pay slip laws. The worker is alleged to be owed $15,174.
What was decided
The Fair Work Ombudsman is taking Winton Jacob International Pty Ltd and Winton Guo to court for failing to comply with a Compliance Notice and for alleged underpayment of wages. The company faces potential penalties of up to $41,250 for failing to comply with the notice and $66,600 for failing to issue pay slips. Mr Guo faces penalties of up to $8,250 and $13,320 respectively. The court is also expected to order rectification of the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for February 2024.
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. Employers should be particularly aware of the vulnerability of visa holders and ensure they receive correct pay and entitlements. The Fair Work Ombudsman prioritises protecting vulnerable workers.
What it means for employees
Employees, especially those on visas, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are experiencing workplace issues. Free advice and assistance are available through the Fair Work Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/december-2023/20231204-winton-jacob-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 →