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FWOFair Work Ombudsman · 9 July 2024

Fair Work Ombudsman

Citation: FWO-2024-07-10-baby-and-kids-litigation-media-release

At a glance

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, Qiyun Wang. 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 a worker who held a full-time e-commerce role from January to October 2022. The worker 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 Qiyun Wang for failing to comply with a Compliance Notice. The company faces a penalty of up to $41,250, and Mr Wang 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 employee, 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.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variationcompliance

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-release

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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 →

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