Perth computer company allegedly failed to provide employment records
15 April 2010
The Fair Work Ombudsman has launched a prosecution against a Perth computer company and its director for allegedly failing to provide employment records for a former employee who claimed she had been underpaid.
Facing court is Nerd Group Australia Pty Ltd, which operates a computer retail and repair business in Malaga trading as 'Nerd Shop', and the company’s controller and sole director, Jack Craig Garber, of Mirrabooka.
Documents lodged in the Federal Magistrates Court in Perth allege Mr Garber was responsible for Nerd Group Australia breaching national workplace laws by failing to comply with the Fair Work Ombudsman’s requests to provide records.
Under the Fair Work Act, employers must comply with requests from the Fair Work Ombudsman to provide employment records relating to employees and former employees.
The Fair Work Ombudsman requested employment records from Nerd Group Australia in November, 2009 during its investigation of a complaint lodged by a woman the company had employed as a receptionist/counter hand in 2008-2009.
The woman alleged the company had not paid her for some hours worked.
It is alleged Nerd Group Australia and Mr Garber committed one breach of the Fair Work Act. They face maximum penalties of $33,000 and $6600 respectively.
Fair Work Ombudsman WA Director Leigh Quealy says workplace participants should be aware the penalties have increased from a previous maximum of $5500 for a company and $1100 for an individual.
"Failing to comply with a request to provide records is a serious matter," he said.
The Fair Work Ombudsman is also seeking a Court Order for the company to provide the records requested.
The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance and investigates breaches of national workplace laws.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au. For translations call 13 14 50.
Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924
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