Fair Work Ombudsman
Citation: FWO-2024-07-02-art-of-hair-litigation-media-release
At a glance
- Penalty
- $68,440
- Employees affected
- 1
- Awards cited
- MA000153
What happened
The Fair Work Ombudsman has commenced legal action against The Art of Hair–Bateau Bay Pty Ltd, Cheri Rance, and Nelvin Lal, operators of a hairdressing salon in Bateau Bay, New South Wales. The action follows a request for assistance from an apprentice hairdresser who worked at the salon between April 2021 and February 2022. A Fair Work Inspector issued a Compliance Notice in July 2023, alleging the worker was not paid personal leave or accrued annual leave entitlements. The company and individuals are accused of failing to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against The Art of Hair–Bateau Bay Pty Ltd (up to $46,950), Cheri Rance (up to $9,390), and Nelvin Lal (up to $9,390) for allegedly failing to comply with a Compliance Notice. The Ombudsman also seeks an order for the company to pay the employee’s outstanding entitlements plus interest. Nelvin Lal has faced previous Fair Work Ombudsman actions, incurring penalties in 2021, 2014, and 2016. A directions hearing is scheduled for October 10, 2024.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Repeated breaches, particularly involving young workers, will result in significant penalties. Employers should review their payroll practices and ensure they are meeting their obligations regarding leave entitlements. The Fair Work Ombudsman provides free online courses to help employers understand Compliance Notices.
What it means for employees
Employees, especially apprentices and young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and interpreter services are available. Employees can also contact their union or employer for information.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/july-2024/20240702-art-of-hair-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 →