Fair Work Ombudsman
Citation: FWO-2024-08-29-downings-litigation-media-release
At a glance
- Respondent
- Downings Pty Ltd
- Penalty
- $46,950
- Employees affected
- 1
What happened
The Fair Work Ombudsman has taken legal action against Downings Pty Ltd, formerly operating Fremantle Pharmacy in Fremantle, and its sole director, the Respondent. A pharmacist worked for the company from 2010 to 2023, initially full-time and later part-time. A Fair Work Inspector issued a Compliance Notice in August 2023 regarding unpaid accrued annual leave entitlements. The company allegedly failed to comply with the notice and back-pay the worker’s entitlements. The pharmacy now has new operators and no allegations are made against them.
What was decided
The Fair Work Ombudsman is seeking penalties against Downings Pty Ltd and the Respondent for failing to comply with a Compliance Notice regarding unpaid annual leave. Downings Pty Ltd faces a potential penalty of up to $46,950, and the Respondent faces a potential penalty of up to $9,390. The court is also expected to order the company to calculate and rectify any underpayments, plus interest. A directions hearing is scheduled for September 25, 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 review their payroll practices and ensure compliance with workplace laws and obligations.
What it means for employees
Employees who believe they have not received correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. Information and support are available through the Fair Work Infoline and online resources.
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https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/august-2024/20240829-downings-litigation-media-releaseWant more cases like this?
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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 →