Iconic Adelaide Hills winery Landhaus Wines faces court over alleged unpaid annual leave entitlements
An iconic Adelaide Hills winery and the company’s sole managing director are in legal hot water over alleged unpaid annual leave entitlements.
SA News
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An iconic Adelaide Hills winery has allegedly refused to pay an employee their entitled accrued annual leave benefits despite being forced to by the Fair Work Ombudsman.
In fact, the Fair Work Ombudsman (‘FWO’) has commenced legal action against The Landhaus Estate Wines Pty Ltd, which operate Landhaus Wines at Hahndorf, and the company’s sole and managing director — John Jaunutis, after the regulator received a request for assistance from a worker.
The worker was employed as a full-time sales representative between September 2020 and May 2022 and upon the completion of their employment allegedly did not receive their accrued annual leave payout.
An inspector at Fair Work issued a compliance notice to The Landhaus Estate Wines in August 2023 after forming the belief the worker was not paid his entitlements.
The Ombudsman alleges The Landhaus Estate Wines, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the worker’s entitlements.
It is also alleged that Mr Jaunutis was involved in the contravention.
The FWO is seeking penalties in court for the alleged failure to comply with the compliance notice.
The winery faces a penalty of up to $46,950 and Mr Jaunutis faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring the company to comply with the compliance notice including calculating and rectifying any underpayments, plus interest.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take business to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees,” she said.
“A court can order a business to pay penalties and to take steps to comply with a compliance notice including calculating and back-paying entitlements.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on November 25 2024.
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