Fair Work Ombudsman
Citation: FWO-2024-07-10-baby-and-kids-litigation-media-release
At a glance
- Respondent
- Baby & Kids Pty Ltd
- Penalty
- $4,374
- Employees affected
- 1
- Awards cited
- MA000030
What happened
The Fair Work Ombudsman has commenced legal action against Baby & Kids Pty Ltd, a Melbourne retailer of baby and children’s products, and its sole director, the Respondent. The company operates a store in Dandenong and previously operated stores in Hoppers Crossing, Ringwood and Dandenong. The action follows a request for assistance from the Applicant who held a full-time e-commerce role from January to October 2022. The Applicant processed online orders and provided customer service. A Fair Work Inspector issued a Compliance Notice in March 2023, alleging unpaid wages for the final two weeks of work and unpaid annual leave. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Baby & Kids Pty Ltd and the Respondent for failing to comply with a Compliance Notice. The company faces a penalty of up to $41,250, and the Respondent faces a penalty of up to $8,250. The FWO also seeks an order for the company to pay the alleged $4,374 owing to the Applicant, plus superannuation and interest. A directions hearing is scheduled for August 6, 2024, in the Federal Circuit and Family Court.
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 employee entitlements. Employers should review their payroll practices and seek assistance if unsure about their obligations.
What it means for employees
Employees who believe they are owed wages or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman encourages employees to seek information from their employer and their union, if applicable.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
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-2024/20240710-baby-and-kids-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →