Fair Work Ombudsman also discovers outstanding payments to former staff
The Federal Circuit and Family Court of Australia recently dealt with a case involving contraventions of workplace laws which included falsified payslips, an absence of termination records, and outstanding wages to former staff.
The applicant, the Fair Work Ombudsman (FWO), brought the matter to light after discovering various breaches during investigations.
The chicken and beer restaurant operated by the employers had at least 16 workers. The employers, Vanna Taing, Bao Bui and Gary Lai, had differing roles and responsibilities within the business, leading to disputes among them.
Workplace violations
During an investigation into workplace compliance, the FWO discovered that false records had been produced by the respondents.
It found false payslips were provided for certain employees, misrepresenting their hours and pay rates. Additionally, records of employee terminations were not kept as required by law.
According to records, another investigation revealed further contraventions, leading to the issuance of a statutory compliance notice.
However, the employers failed to comply with the notice within the specified timeframe, resulting in outstanding payments to former employees.
FWO's application before the court
The FWO initiated legal proceedings seeking declaratory relief and pecuniary penalties against the respondents for their admitted contraventions of workplace laws.
After considering various factors, including the seriousness of the contraventions, cooperation with authorities, financial circumstances, and the need for deterrence, the court imposed pecuniary penalties against Taing for $15,000, Bui for $12,500, and Lai for $4,000.
The FWO also sought compensation for the outstanding amount owed to former employees. However, the court declined to order compensation, citing the limitations of the legal framework and the specific contraventions admitted by the employers.
