Fair Work Ombudsman
At a glance
- El Baba Lawyers Pty Ltd
- $14,400
- 1
- MA000153
What happened
El Baba Lawyers Pty Ltd, a Sydney-based law firm, and its sole director, the Respondent, have been penalized by the Federal Circuit and Family Court. This followed their failure to comply with a Fair Work Ombudsman Compliance Notice. The Compliance Notice required the firm to back-pay entitlements to a personal assistant/legal secretary employed from July 2020 to February 2021. The worker was underpaid $2,950 in minimum wages under the Legal Services Award 2020. The firm only back-paid the worker after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed a penalty of $12,000 against El Baba Lawyers Pty Ltd and $2,400 against the Respondent. The court found the firm's failure to comply with the Compliance Notice was a 'wilful refusal'. Judge Nicholas Manousaridis noted the significant amount of the underpayment and the lengthy delay in back-payment. The court rejected her claim of engagement with the FWO, stating her belief that the firm owed no money was unreasonable. The Fair Work Ombudsman emphasized that failing to act on Compliance Notices can result in penalties and back-pay orders.
What it means for employers
Employers must comply with Fair Work Ombudsman Compliance Notices. Failure to do so, especially based on unreasonable beliefs, can result in substantial penalties and back-payment orders. Employers should seek clarification and understand their obligations when receiving a Compliance Notice, rather than ignoring it.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and courses to help both employers and employees understand their rights and obligations.
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