Non-compliance payback

Thursday, 3 June, 2010 - 00:00

THE Fair Work Ombudsman has recouped nearly $140,000 for Western Australian workers in the past month.

Common non-compliance issues encountered include underpayment of hourly, overtime and penalty rates, workers not being paid for all hours worked and underpayment of annual leave, long service leave and severance pay upon termination of employment.

An investigation recovered $20,000 for two Western Pilbara workers – who worked for the same mining contractor – after they lodged complaints about not receiving payment in lieu of notice on termination. Fair Work inspectors raised the issue with the employer, who then voluntarily reimbursed the workers $10,700 and $9,300 respectively.

In a separate case, a Karratha mechanic was back paid $7,300 after he was underpaid his redundancy entitlements.

A manager was back paid nearly $27,000 after the Henderson-based company he worked for failed to pay his accrued annual leave and long service leave entitlements when he was made redundant. After inspectors contacted the company to discuss its obligations, the worker was reimbursed without further action taken.

A Malaga-based security guard was also reimbursed more than $24,000 after he was underpaid his minimum hourly rate, penalty rates and shift loadings.

Other recoveries include: $13,600 for two Leederville IT workers underpaid severance pay after being made redundant; $8,000 for a Perth manager underpaid redundancy entitlements; $7,400 for 33 Innaloo customer service attendants underpaid their minimum hourly rate; $6,200 for a Morley manager underpaid accrued annual leave entitlements on termination of employment; and $6,100 for a Bellevue tradesman underpaid redundancy entitlements.

Meanwhile, the Fair Work Ombudsman launched a prosecution against D’Adamo Nominees Pty Ltd. Trading as L&A Electrics, the Wangara-based business is facing federal Magistrates Court in Perth over allegations an employee was underpaid almost $10,000.

It is alleged the majority of the underpayment occurred between August 2007 and February 2008 as a result of the employer’s failure to register him as an apprentice.