Fair Work Ombudsman
Citation: FWO-2024-07-31-sempha-solutions-litigation-media-release
At a glance
- Penalty
- $46,950
- Employees affected
- 1
- Awards cited
- MA000153
What happened
The Fair Work Ombudsman has commenced legal action against Sempha Solutions Pty Ltd, which operates La La Land in Brunswick, and its sole director, Simon Paul Herman. The action follows a request for assistance from a young worker who was employed as a store manager on a casual basis between September 2022 and April 2023. A Fair Work Inspector issued a Compliance Notice in October 2023, alleging underpayment of minimum wages, overtime entitlements, and penalty rates under the General Retail Industry Award 2020. Sempha Solutions allegedly failed to comply with this notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Sempha Solutions and Simon Paul Herman for failing to comply with the Compliance Notice. Sempha Solutions faces a potential penalty of up to $46,950, and Mr Herman faces a potential penalty of up to $9,390. The FWO also seeks a court order requiring Sempha Solutions to calculate and rectify any underpayments, plus interest and superannuation. A hearing is scheduled for August 14, 2024, in the Federal Circuit and Family Court in Melbourne.
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. Employers should also be aware of the Fair Work Ombudsman’s focus on protecting young workers and ensure they are paying correct entitlements.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employers and employees understand their rights and obligations.
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-2024/20240731-sempha-solutions-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 →