Fair Work Ombudsman
Citation: FWO-2024-02-21-workersweb-litigation-media-release
At a glance
- Respondent
- Workersweb Pty Ltd, trading as TRP Physiotherapy & Sports Injury
- Penalty
- $41,250
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against Workersweb Pty Ltd, trading as TRP Physiotherapy & Sports Injury, which operates clinics in Fairfield, Homebush, and Wentworthville, Sydney. The action followed a request for assistance from a physiotherapist who worked for the company from May to October 2022. A Fair Work Inspector issued a Compliance Notice in April 2023, believing the physiotherapist was not paid accrued but untaken annual leave when his employment ended. The company allegedly failed to comply with this notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Workersweb Pty Ltd for failing to comply with the Compliance Notice. The company could face a penalty of up to $41,250. The regulator also seeks orders for the company to rectify the alleged underpayment, including interest. A directions hearing is scheduled for May 2024 in the Federal Circuit and Family Court. The proceedings were discontinued in April 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 and orders to rectify underpayments. Employers should review their processes for calculating and paying employee entitlements, particularly annual leave.
What it means for employees
Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employers understand Compliance Notices.
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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 →