If a party chooses not to fix a contravention of Commonwealth workplace laws (e.g. they’re asked by a Fair Work Inspector to pay their employees what they’re owed and they don't pay), then the Fair Work Inspector considers the next action to take.
They may recommend taking the matter to court. After this, the relevant director and our legal group decide whether litigation is appropriate.
If this happens and litigation is successful, the party may face court orders, including:
- orders to pay an amount of money as a penalty (of up to $6,600 for an individual and $33,000 per contravention for a body corporate)
- orders to pay the employee what they’re owed (plus interest)
- orders granting an injunction or interim injunction
- orders awarding the employee compensation for loss suffered
- orders to reinstate an employee, which may mean the employee must be given their job back
- orders to correct the discrimination.