Notice issued after furniture delivery company underpaid part-time delivery rider
The operators of a furniture delivery business in Victoria have been fined nearly $12,000 for failing to act on a Compliance Notice issued by the Fair Work Ombudsman (FWO).
The Federal Circuit and Family Court imposed $9,990 in penalties against Harris Group Co Pty Ltd, and $1,998 against the company's sole director, Matthew Harris.
The court issued the penalties after the company failed to comply with the Compliance Notice issued by a Fair Work Inspector in 2022.
The notice was served to Harris Group as the inspector believed that the company underpaid a part-time delivery driver who worked for the business between September 2021 and January 2022.
According to the inspector, the worker had been underpaid overtime and Saturday penalty rates, as well as annual leave entitlements on termination.
Judge Janine Young said Harris Group's failure to act on the notice led to the employee not receiving amounts for "almost three years since the date specified in the Notice."
As a result, Harris Group was penalised for not acting on the notice, while its sole director was penalised for his involvement in the contravention.
"The Respondents have demonstrated a disregard for their obligations under the Act by failing to comply with the Notice, despite being provided with assistance from the FWO and numerous opportunities to take the necessary action to comply," Young said as quoted by the FWO.
Young added that there was a need to impose the penalties to deter other employers from committing similar contraventions in the future.
On top of the penalties, the court also ordered Harris Group to calculate and pay certain amounts to the worker, including superannuation and interest, as stipulated in the Compliance Notice.
"When Compliance Notices are not followed, we will continue to take legal action to protect employees," said Fair Work Ombudsman Anna Booth in a statement. "Employers who fail to act on these notices risk substantial penalties in addition to the need to pay workers amounts required by such notices."
Booth said employees who have concerns about their pay or entitlements should reach out to them for assistance.
