Fair Work allege Glenorchy company underpaid workers in new legal action
The Fair Work Ombudsman is warning businesses who don’t obey workplace laws that they’re on watch after taking legal action against a Glenorchy company. What they could pay in fines:
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A Glenorchy distribution company and its director face almost $120,000 in fines as the fair Work Ombudsman commences legal action against them.
The Ombudsman alleged that Horne Distributors Pty Ltd and its sole director and owner Phillip Horne underpaid workers in both pay and annual leave entitlements and then failed to fully comply with the regulator’s Compliance Notice.
Fair Work received requests for assistance from Horne Distributors employees involved in truck driving and other duties for periods between April 2019 and July 2022.
The employees were visa holders from India.
Upon investigation, a Fair Work Inspector issued a Compliance Notice to Horne Distributors in October 2022 after finding the company had underpaid one worker’s casual minimum wages and underpaid two workers’ annual leave entitlements under the relevant awards and employment acts.
The Fair Work Ombudsman alleges Horne Distributors and Mr Horne breached pay slip laws and failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace
laws and take businesses 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.
“Employers also need to be aware that taking action to protect visa-holder workers is among
our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
Penalties could rise to almost $120,000 for both the company and its director, with the alleged failure to comply with the Compliance bringing a penalty of up to $33,300 for Horne Distributors and $6,660 for Mr Horne.
For the alleged pay slip contravention, Horne Distributors faces a penalty of up to $66,600 and Mr Horne faces a penalty of up to $13,320.
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.
A directions hearing for the matter is listed in the Federal Circuit and Family Court in Hobart on November 26.
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