Fair Work Ombudsman
Citation: FWO-2025-07-25-downings-penalty-media-release
At a glance
- Respondent
- Downings Pty Ltd
- Penalty
- $31,875
- Employees affected
- 1
What happened
Downings Pty Ltd, a former pharmacy operator in Fremantle, Western Australia, and its sole director, Joseph Lenny, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation initiated by a request from a pharmacist employed by the company between 2010 and 2023. The pharmacist was initially employed full-time before transitioning to part-time. The company failed to comply with a Compliance Notice requiring calculation and back-payment of accrued annual leave entitlements. The pharmacist's accrued annual leave entitlements were considered significant.
What was decided
The Federal Circuit and Family Court imposed a $28,875 penalty on Downings Pty Ltd and a $3,000 penalty on Joseph Lenny. The court ordered Downings Pty Ltd to calculate and back-pay the pharmacist’s outstanding entitlements, including interest and superannuation. Judge Sandy Street found the failure to comply with the Compliance Notice was deliberate and aimed to deter similar conduct by other employers. The Fair Work Ombudsman emphasized the consequences of ignoring Compliance Notices.
What it means for employers
Employers must take Compliance Notices seriously and act upon them promptly. Failure to do so can result in substantial penalties and back-payment obligations. Directors can be held personally liable for breaches. The Fair Work Ombudsman will pursue legal action against those who disregard Compliance Notices.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman provides resources and support to help employees understand their rights and obligations.
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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 →