Kassiou Constructions could face $46k fine after alleged failure to pay out ex-employee

A Darwin construction company and its director could be fined more than $50k after it allegedly failed to pay out a former employee’s annual leave entitlements.

A Darwin building company and its director could be fined more than $50,000 after they allegedly failed to pay out a former employee’s benefits when they resigned.

Fair Work Ombudsman Anna Booth said the employee worked for Kassiou Constructions from 2012 to 2021 but their “accrued but untaken” annual leave was never paid to the worker when their employment ended.

Fair Work Ombudsman, Anna Booth. Picture: Paul Hermes

Ms Booth said an inspector issued a compliance notice to the company in September last year for the alleged Fair Work Act breach.

She alleged Kassiou Constructions did not comply with the notice and said director Ilias Kassiou was allegedly involved in the contravention.

A directions hearing for the case is listed in Darwin’s Federal Circuit and Family Court on October 17.

Ms Booth said the workplace regulator was seeking penalties of up to $46,950 from the company and up to $9390 from Mr Ilias himself.

She said she was also seeking a court order requiring the company to calculate and rectify any underpayments – including interest – as per the compliance notice.

“Where employers do not comply, we will take appropriate action to protect employees,” Ms Booth 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.

“Improving compliance in the building and construction industry is among our top priorities.”