Court action over alleged underpayment of Melbourne childcare workers
11 November 2013
The Fair Work Ombudsman has launched legal action against the owner-operator
of a Melbourne childcare business, alleging she underpaid five workers a total
of more than $15,000.
Facing Court is Melbourne woman Vivien Mahomet, who owns and
operates a business trading as Academy for Kids, which provides before and after
school care and holiday care for children at a number of sites throughout
It is alleged Ms Mahomet underpaid five casual childcare employees located at
Glen Waverley, West Preston and
Reservoir a total of $15,450 between June and December,
The employees were aged in their 30s and 40s and each held a Certificate
Level III in Children's Services. One of the employees was an Indian national
who was in Australia on a student visa.
The employees were allegedly underpaid their minimum hourly rate for some
work performed and not paid at all for some work. Casual loadings and broken
shift allowances were allegedly also underpaid.
Ms Mahomet allegedly also breached pay slips laws and failed to comply with a
Notice to Produce issued by Fair Work Inspectors investigating underpayment
complaints lodged by the employees.
Fair Work Ombudsman, Natalie James, said the significant amounts involved and
failure to rectify the matter were significant factors in the decision to
commence legal action.
The Fair Work Ombudsman alleges Ms Mahomet committed multiple breaches of
workplace laws. She faces maximum penalties of up to $3,300 to $6,600 per
The Fair Work Ombudsman is also seeking a Court Order for Ms Mahomet to
back-pay the employees the amounts that were allegedly underpaid.
A directions hearing is listed in the Federal Circuit Court in Melbourne on
Employers and employees seeking assistance should
visit www.fairwork.gov.au or contact the Fair Work
Infoline on 13 13 94. A free interpreter service is available
by calling 13 14 50.
Penny Rowe, Media & Stakeholder
0457 924 146
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