Employment and Migration Blog

Could you be in the firing line of the Fair Work Ombudsman?

Posted by Anna Ford on 13 Sep 2013

The Fair Work Ombudsman is in the process of pursuing the owner of an Italian restaurant in Terrigal for failing to pay back nine underpaid employees, including two juniors aged 16 and 19. On top of the total of $12,178.00 owed, the owner could also be facing exposure to penalties, which range from $10,200 per contravention for an individual and $51,000 per contravention for a body corporate.

 

 

Fair Work Inspectors discovered the alleged underpayments following complaints made by some of the employees at the restaurant.

 

The owner was issued a Compliance Notice which gave her 14 days to rectify the underpayments, but she failed to take any action. Her situation may have been very different had she sought legal advice or addressed the situation appropriately.

 

So what do you do if the Fair Work Inspectors come knocking?

 

     

     

  • obtain as much information about the complaint / allegation as you can;

     

     

  • conduct your own investigation to establish whether there is any substance to  the complaint; and

     

     

  • consider and implement an appropriate strategy (with the assistance of your legal advisor) to enable you to promptly deal with the complaint.

     

     

 

DO NOT CHOOSE TO IGNORE CORRESPONDENCE FROM THE FAIR WORK OMBUDSMAN OR FAIR WORK INSPECTORS – THE MATTER WON’T JUST GO AWAY!!!

 

If you have concerns about whether your business is in line with the Fair Work Act and Modern Award terms and conditions, contact one of our experienced employment lawyers to discuss your options today on (02) 9635 6422.