Fair Work: East Ballina Dental dentist Andrew Chapman fined after failing to back-pay young dental assistant

A Ballina dentist has been fined for failing to properly pay a worker. A judge found he showed “no contrition” and “contempt” after the employee sought help. Here’s what we know.

A Ballina dentist has been penalised in the Federal Court. File image. Photo: iStock

A North Coast dentist who has been fined in court after a judge found he failed to properly pay a young dental assistant has been slammed by the Fair Work Ombudsman.

Andrew Richard Chapman, operator of East Ballina Dental, has “shown no contrition for his conduct and had expressed anger” toward the worker and authorities “for seeking to enforce compliance with workplace laws”, the ombudsman’s office said in a statement.

Sole trader Mr Chapman has been hit with a $5328 fine by the Federal Circuit and Family Court.

Fair Work has warned businesses failing to properly pay worker entitlements that action will be taken.

He was fined because he failed to comply with a notice requiring him to back-pay entitlements owed to the worker employed as a part-time assistant between October 2020 and July 2021, when she was aged 22 to 23, according to Fair Work.

In addition to the fine, the court has ordered Dr Chapman to back-pay the worker in full.

Fair Work states inspectors investigated after the worker reached out for help.

An inspector issued the notice in November 2021 “after forming a belief he had not paid the worker’s accrued, but untaken annual leave entitlements at the end of her employment”.

In his penalty judgment, Judge Gregory Egan found Dr Chapman had shown no contrition and expressed anger towards the ombudsman and contempt towards the affected worker.

Fair Work Ombudsman Anna Booth warned business operators who fail to act on compliance notices face court penalties as well as back-pay requirements.

“When compliance notices are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” she said.

A Judge has fined a Ballina dentist. File image. Picture: iStock

“Employers also need to be aware that taking action to protect vulnerable workers, like young workers, is a priority for the FWO.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

Judge Egan found there was a need to impose a penalty to deter Dr Chapman and other employers from similar conduct in future.

“The imposition of a pecuniary penalty should demonstrate to the public at large that should there be a contravention of provisions of the Fair Work Act, such penalties are of a sufficient amount as to be of significance,” Judge Egan said.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.