The Federal Circuit and Family Court has ordered a total of $9,014 in penalties against a Sydney-based patient transport company and its director for failing to comply with a Compliance Notice regarding employee entitlements. The penalties include $7,512 against Workplace Medical Consultants Pty Ltd and $1,502 against director David Zammitt. Additionally, the court mandated that the company rectify the outstanding entitlements owed to a former worker.
The Compliance Notice was issued following an investigation by the Fair Work Ombudsman (FWO), initiated after the affected worker sought assistance. The investigation revealed that the worker, employed as a full-time patient transport officer from August 2021 to April 2022, was underpaid in several areas, including overtime rates and wages for the last two weeks of employment. Furthermore, the worker did not receive accrued annual leave entitlements upon termination.
Details of the Case
According to Fair Work Inspector findings, the company failed to adhere to the Ambulance and Patient Transport Industry Award 2020 and the National Employment Standards laid out in the Fair Work Act. Judge Robert Cameron, in his ruling, highlighted that at the time the Compliance Notice was issued in July 2023, the outstanding amount owed to the worker was $7,347.76 before tax.
During the proceedings, Judge Cameron emphasized the importance of Compliance Notices as a mechanism for employers to address contraventions without incurring severe penalties. He noted that by rectifying the issue, employers could avoid further legal repercussions, stating, “All that is required is that the stated contravention be remedied in accordance with the notice.”
Response from Fair Work Ombudsman
In light of the case, Anna Booth, the Fair Work Ombudsman, underscored the seriousness of non-compliance with such notices. She stated, “Employers that fail to act on Compliance Notices need to be aware they could face court-imposed penalties on top of having to comply with the Compliance Notice.” Booth encouraged employees with concerns regarding their pay or entitlements to reach out for assistance, highlighting the FWO’s commitment to ensuring workers receive their rightful compensation.
The court’s decision sends a clear message to employers about the necessity of adhering to employment laws and fulfilling obligations to their employees. Individuals seeking guidance on workplace rights can access resources through www.fairwork.gov.au or contact the Fair Work Infoline at 13 13 94 for free advice and support.
