$5000 penalty after ignoring $550 on-the-spot fine

3 August 2015

The operators of an Adelaide business have been penalised $5000 after refusing to pay a $550 on-the-spot fine issued by the Fair Work Ombudsman.

The Industrial Relations Court of SA has imposed the penalties after the Fair Work Ombudsman commenced legal proceedings.

The litigation followed a failure by Glenelg-based Mobizone Pty Ltd to pay an infringement notice issued for an alleged breach of workplace law.

Fair Work inspectors audited Mobizone last year as part of regular monitoring activity of employers who recruit staff on 457 skilled worker visas.

Mobizone allegedly only issued pay-slips to an Indian telecommunications technician on a 457 visa infrequently, and only when he asked for them.

Under the Fair Work Act, employers must issue with pay-slips within one working day of paying their wages.

Fair Work Ombudsman Natalie James says the Agency made numerous requests for Mobizone to pay the on-the-spot fine, but it refused.

In response, the Industrial Relations Court has handed down a $3500 penalty against Mobizone and imposed a further $1500 fine against its business manager and part-owner Raymond Kebbe.

It is the first time the Fair Work Ombudsman has secured Court penalties solely in relation to pay-slip breaches after an on-the-spot fine was ignored.

Ms James says Court the ruling should serve as a reminder to other employers that ignoring the Fair Work Ombudsman “won’t make us go away”.

“Instead of having a $550 fine to pay, the financial penalty is now significantly greater, and comes with publicity and potential risk to the business’ reputation over its conduct,” she said.

“We place a high importance on enforcing compliance with payslip obligations, because when employees don’t receive them, it undermines their ability to understand how their wages have been calculated and to check they’ve received their minimum lawful entitlements.”

Employers and employees seeking assistance can 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.

Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO external-icon.png, the Fair Work Ombudsman @fairwork_gov_au External link icon or find us on Facebook www.facebook.com/fairwork.gov.au External link icon.

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Media inquiries:

Nicci de Ryk, Senior Media Adviser
Mobile: 0466 522 004

Ryan Pedler, Assistant Media Director
Mobile: 0411 430 902

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