Fair Work Ombudsman
At a glance
- Western Chinese Language School Incorporated
- $33,300
- 4
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Western Chinese Language School Incorporated, located in Braybrook, Melbourne, and its former chairperson, Baoquan Chen. The action follows requests for assistance from four part-time Chinese language teachers who worked between October 2016 and June 2021, with two later moving to casual employment. The investigation found potential underpayment of Saturday and public holiday penalties, and failure to pay accrued annual leave. A Compliance Notice was issued in September 2022, which was allegedly not followed.
What was decided
The Fair Work Ombudsman is taking Western Chinese Language School Incorporated and the Respondent to court for failing to comply with a Compliance Notice. The notice required the school to calculate and back-pay underpaid entitlements. The school faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The court will also consider orders for full rectification of underpayments, including interest and superannuation. A hearing is scheduled for May 3, 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 back-pay entitlements. Employers should seek advice if they receive a Compliance Notice and ensure they understand their obligations.
What it means for employees
Employees who believe they have been underpaid or are not receiving their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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