Case against Liquid Engineering dropped

THE Western Australian Industrial Magistrates' Court has dismissed the case against Liquid Engineering 2003 Pty Ltd for allegedly failing to pay a worker their lawful entitlements.

Magistrate Pamela Hogan on May 21 dismissed the prosecution against Liquid Engineering's sole director, Anthony Fels, vindicating his long-held belief that he had no case to answer for.

A full decision will be handed down in the coming weeks.

Mr Fels was brought to court to face allegations Liquid Engineering breached the Workplace Relations Act 1996 "on a number of occasions" for allegedly underpaying Victorian salesman Adrian Howden his wages, accrued annual leave and superannuation entitlements, totalling $2,283.

The prosecution also alleged Liquid Engineering failed to provide Mr Howden with payslips or maintain appropriate time and wage records.

Speaking to WA Business News, Mr Fels said he was unfairly targeted because of his position as a Liberal MP for the state government.

"A case like this they would never normally pursue," he said.

"I paid what they claim he was due under some award, this all happened before I started in Parliament, but the decision to dismiss the case just goes to show what I have been saying all along, there was no case to answer for."

Legal proceeding against the company went ahead in September 2007 despite Liquid Engineering's last minute rectification of Mr Howden's underpaid entitlements.

Mr Fels said Mr Howden was at no time a full-time employee and was employed as a salesman on a commission basis.