Sydney dance studio allegedly failed to pay unfair dismissal compensation
The Fair Work Ombudsman has commenced legal action against the operators of a Sydney dance studio for allegedly failing to comply with a Fair Work Commission order to pay compensation to an unfairly dismissed worker.
Facing court are CareToDance Pty Ltd which operated a dance studio in Rozelle, and company director Cristian Basescu.
CareToDance employed the affected worker, a Filipino national who was on a skilled working visa, as a full-time dance instructor from January 2023 until it dismissed him in July 2024.
The Fair Work Commission found CareToDance had unfairly dismissed the worker and, in December 2024, ordered the company to pay the worker $24,469 compensation within 21 days.
The FWO investigated after the worker requested assistance and has now commenced legal action, after attempts to secure voluntary compliance with the compensation order were not successful.
The FWO alleges CareToDance failed to comply with the order to make payment to the worker, and that Mr Basescu was involved in this failure.
Fair Work Ombudsman Anna Booth said the legal action would reinforce the importance of complying with Fair Work Commission orders.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Ms Booth said.
“A sum of more than $24,000 is significant for any worker, and the Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation they are lawfully entitled to.
“We treat cases impacting visa holders particularly seriously, because we are conscious they can be vulnerable due to factors such as a lack of awareness of their entitlements or a reluctance to complain.
“Employers need to be aware that taking action to protect vulnerable workers is a priority for the Fair Work Ombudsman. Visa holder workers should know that protections exist for their visa if they reach out. Any workers with concerns should contact us for free advice and assistance.”
For allegedly failing to comply with the Fair Work Commission order, CareToDance Pty Ltd faces a penalty of up to $99,000, and Mr Basescu faces a penalty of up to $19,800.
The Fair Work Ombudsman is also seeking a court order for the company to pay the outstanding compensation owed to the employee, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Parramatta on 23 March 2026.
The Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured more than $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
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. The FWO has resources for visa holder workers. 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.
