Bendigo transport company faces court for allegedly underpaying worker $3200

4 August 2010

The Fair Work Ombudsman has launched a prosecution against a Bendigo transport company for allegedly underpaying a worker $3200.

Facing court is Stewarts Transport & Logistics Pty Ltd, company director Rodney Stewart and former director Pamela Stewart, both of Junortoun.

Documents lodged in the Federal Magistrate’s Court in Melbourne allege that Mr and Mrs Stewart were centrally involved in a casual driver being underpaid $3228.46 between February and April last year.

The Fair Work Ombudsman claims the driver was underpaid his casual loading, penalty rates and shift allowances.

It is also alleged that the company failed to keep proper employee records and comply with pay slip requirements.

The decision to prosecute was made because of the employer’s failure to rectify the matter despite repeated requests.

The worker was only reimbursed the outstanding entitlements on the day the Fair Work Ombudsman lodged its Statement of Claim in the Court.

The Fair Work Ombudsman alleges Stewarts Transport & Logistics and Mr and Mrs Stewart committed several contraventions of workplace relations laws.

The Agency is seeking penalties against the company and Mr and Mrs Stewart.

The maximum potential penalty per breach is $33,000 for the company and $6600 each for Mr and Mrs Stewart for the underpayment matters and $5500 for the company and $1100 for Mrs Stewart for the employment record and payslip matters.

The case is listed for a directions hearing on 25 August.

The Fair Work Ombudsman has a range of user-friendly resources on its website – www.fwo.gov.au – to assist employees and employers check minimum rates of pay.

Small to medium-sized businesses without human resources staff can also ensure they are better equipped when hiring, managing and dismissing employees by using free template employment documentation with step-by-step instructions or accessing a series of Best Practice Guides.

Online resources also include payslip and record-keeping templates, a self-audit checklist and fact sheets.

Employers or employees seeking assistance can also contact the Fair Work Infoline on 13 13 94 from 8am-6pm weekdays. For translations call 13 14 50.

Media inquiries:

Craig Bildstien, Director, Media & Stakeholder Relations,
0419 818 484
craig.bildstien@fwo.gov.au

Richard Honey, Adviser, Media & Stakeholder Relations, 
0434 365 924
richard.honey@fwo.gov.au

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