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FWOFair Work Ombudsman · 28 January 2025

Fair Work Ombudsman

Citation: FWO-2025-01-29-port-melbourne-cosmetic-litigation-media-release

At a glance

Penalty
$1,398
Employees affected
2

What happened

The Fair Work Ombudsman has taken legal action against Port Melbourne Cosmetic Clinic Pty Ltd, operating as Bayside Skin and Laser Clinic, and its sole director, Robin Abdelmalek. The action follows a request for assistance from two former employees, a part-time nurse and a full-time clinic manager, who worked between August and October 2022. The investigation revealed potential underpayment of minimum entitlements under the Nurses Award 2020 and the National Employment Standards. Specifically, the nurse was allegedly partially paid for work in her final two weeks and not paid accrued annual leave. The clinic manager was allegedly not paid one week’s wages in lieu of notice. The clinic allegedly provided a false payslip to the nurse.

What was decided

The Fair Work Ombudsman alleges Port Melbourne Cosmetic Clinic Pty Ltd and Robin Abdelmalek breached workplace laws, including failing to comply with a Compliance Notice and providing a false payslip. The company faces penalties of up to $41,250 for failing to comply with the Compliance Notice and $66,300 for the false payslip. Mr Abdelmalek faces penalties of up to $8,250 and $13,320 respectively. The court is also expected to order the company to calculate and rectify outstanding entitlements, pay superannuation and interest. A hearing is scheduled for August 13, 2025.

What it means for employers

Employers must ensure they comply with Compliance Notices issued by the Fair Work Ombudsman. Providing false or misleading payslips is a serious breach of workplace laws and can result in significant penalties. Employers should review their payroll practices and ensure accurate payslips are provided to all employees.

What it means for employees

Employees who believe they have been underpaid or received false payslips should contact the Fair Work Ombudsman for free assistance. Accurate payslips are essential for understanding your pay and entitlements. Employees can also seek information from their employer and their union, if they are a union member.

underpaymentpenalty-ratesgeneral-protectionspay-slipsmodern-award-variationcompliance-notice

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/january-2025/20250129-port-melbourne-cosmetic-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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