Transport company penalised for failure to pay unfair dismissal compensation
The Fair Work Ombudsman has secured $31,550 in penalties in court against a Brisbane-based transport company and its director for failing to comply with an order to pay compensation to an unfairly dismissed worker.
The Federal Circuit and Family Court imposed a $26,292 penalty on Michael Lawler Transport Pty Ltd and a $5,258 penalty on Michael Lawler, the company’s part-owner and sole director.
The penalties were imposed after Michael Lawler Transport Pty Ltd admitted breaching the Fair Work Act by failing to comply with a Fair Work Commission order, made in July last year, to pay $27,280 compensation to a worker it was found to have unfairly dismissed. Mr Lawler also admitted that he was involved in the breach.
After the company failed to comply, the worker, who had been employed as a driver, sought assistance from the Fair Work Ombudsman.
It was only after the Fair Work Ombudsman filed legal proceedings this year that the company made any payment on the compensation order. In addition to the penalty, the court has ordered the company to make the outstanding compensation payment to the worker, being $12,280.
Fair Work Ombudsman Anna Booth said business operators that failed to prioritise compliance with workplace laws risked facing court-imposed penalties on top of having to back-pay workers.
“It is fundamental for the integrity of the workplace relations system that orders made by the Fair Work Commission are complied with, and we will take legal action to hold employers accountable and ensure employees receive compensation,” Ms Booth said.
“The total penalties in this case – exceeding the original compensation order – highlight what is at stake when respondents fail to act on Commission orders.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The affected worker was employed by Michael Lawler Transport Pty Ltd between July 2022 to December 2023.
The Fair Work Ombudsman commenced legal action after attempts to secure voluntary compliance with the order were not successful.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.
A free interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
