Fair Work Ombudsman
Citation: FWO-2025-07-02-pather-litigation-media-release
At a glance
- Respondent
- Nereshnie Pather
- Penalty
- $9,390
- Employees affected
- 3
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, the former operator of a Sydney-based cleaning business. This action follows requests for assistance from three migrant workers employed as casual cleaners between May and June 2023. A Fair Work Inspector issued a Compliance Notice in October 2023 after suspecting underpayment of minimum casual hourly rates under the Cleaning Services Award 2020. The workers included a Taiwanese and a Chilean national on working holiday visas. the Respondent allegedly failed to comply with the Compliance Notice and did not provide a pay slip to one worker.
What was decided
The Fair Work Ombudsman is seeking penalties against the Respondent for failing to comply with a Compliance Notice and for failing to issue a pay slip. The court can impose a penalty of up to $9,390 for the Compliance Notice breach and up to $16,500 for the pay slip contravention. The FWO also seeks an order requiring the Respondent to back-pay the workers’ entitlements, including interest and superannuation. A directions hearing is scheduled for August 13, 2025, in the Federal Circuit and Family Court.
What it means for employers
Employers, particularly those employing migrant workers, must ensure they comply with workplace laws and provide accurate pay slips within one business day. Failure to do so can result in significant penalties and legal action. The Fair Work Ombudsman prioritises protecting the rights of migrant workers, who have the same entitlements as Australian workers.
What it means for employees
Migrant workers on temporary visas have the same workplace rights as Australian citizens and permanent residents. Employees who believe they have been underpaid or not provided with pay slips should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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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 →