Sydney company faces court for allegedly underpaying young worker almost $5000

12 March 2010

The Fair Work Ombudsman has launched a prosecution against a Sydney recruiting company for allegedly underpaying a young worker almost $5000.

Facing court is Recruit (NSW) Pty Ltd, which is based in Baulkham Hills, and the company’s controller and sole director Anastasia Kelly, of Kellyville.

Documents lodged in the Chief Industrial Magistrate’s Court in Sydney allege Ms Kelly was centrally involved in Recruit underpaying the minimum hourly rate of a 21-year-old receptionist when it employed her from January to June, 2009.

Ms Kelly was allegedly also involved in Recruit withholding the receptionist’s accrued annual leave entitlements when she left the company.

It is alleged that Recruit underpaid the worker a total of $4889.

Fair Work Ombudsman Executive Director Michael Campbell says the decision to prosecute Recruit and Ms Kelly was made because of the significant amount involved and the failure to rectify the matter.

The Fair Work Ombudsman alleges Recruit and Ms Kelly committed two breaches of workplace relations laws.

The Agency is seeking penalties against the company and Ms Kelly and a Court Order for back-payment of the money allegedly owed.

The maximum penalty per breach is $33,000 for Recruit and $6600 for Ms Kelly.

The case is listed for hearing on May 24.

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 For translations call 13 14 50.

Media inquiries:

Craig Bildstien, Director Media & Stakeholder Relations,
0419 818 484

Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924

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