Court action over failure to pay compensation

16 January 2015

A national glass repair business is facing Court for allegedly ignoring a Fair Work Commission order to compensate an employee who had been unfairly dismissed.

The Fair Work Ombudsman has commenced legal proceedings against AAA Aussie Emergency Glass Pty Ltd.

In August, the Fair Work Commission ordered the company to pay $8000 compensation to a Melbourne-based sales and marketing employee it found had been unfairly dismissed last year.

The Fair Work Ombudsman investigated when the employee lodged a complaint after the compensation was not paid within the required 21 days.

The Fair Work Ombudsman made several requests for the company to comply with the Commission’s Orders, but the company did not pay the compensation.

“Our inspectors made extensive efforts to engage with this business to try to resolve the matter, but were not able to secure co-operation,” says Fair Work Ombudsman Natalie James.

The compensation remains unpaid.

Ms James says her Agency has an important role to play in enforcing orders issued by the Fair Work Commission.

“Building a culture of compliance with workplace law is important, and employers should be aware that we are prepared to take action where appropriate,” she said.

AAA Aussie Emergency Glass faces a maximum penalty of $51,000 and the Fair Work Ombudsman is also seeking an additional Court Order for the company to pay the outstanding compensation to the employee.

A directions hearing is listed in the Federal Circuit Court in Melbourne for January 27.

It is one of a number of Fair Work Ombudsman litigations alleging breaches of a Fair Work Commission Order to pay unfair dismissal compensation.

In the one case that has been finalised, Melbourne company World Gym Sunshine Pty Ltd and its director Wayne George Mailing were fined almost $50,000 in September, 2014 for ignoring an order to pay $2200 compensation to a young employee (see: Company, director fined almost $50,000 for ignoring unfair dismissal order media release).

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.

Media inquiries:

Ryan Pedler, Assistant Media Director
Mobile: 0411 430 902
ryan.pedler@fwo.gov.au

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