Perth IT company faces court

16 March 2023

The Fair Work Ombudsman has commenced legal action against a Perth CBD-based information technology company and its director.

Facing court are Saga Source Pty Ltd and its sole director Ayden Lee Hernan-Sayers.

The regulator investigated after receiving a request for assistance from a worker Saga Source Pty Ltd had employed as a junior backend developer between November 2020 and December 2021.

A Fair Work Inspector issued a Compliance Notice to Saga Source in March 2022 after forming a belief the company had underpaid the worker’s minimum wages under the Professional Employees Award 2020 and his annual leave entitlements and personal leave entitlements under the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Saga Source, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Hernan-Sayers was involved in the contravention.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.

The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Saga Source Pty Ltd faces a penalty of up to $33,300 and Mr Hernan-Sayers faces a penalty of up to $6,660.  

The workplace regulator is also seeking an order for Saga Source Pty Ltd to take the steps outlined in the Compliance Notice, which include rectifying the alleged underpayment in full, plus superannuation and interest.

A directions hearing is listed in the Federal Circuit and Family Court in Perth on 2 May 2023.

Employers and employees can visit or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.

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