Fair Work Ombudsman takes legal action against LDC service in Newcastle

The Fair Work Ombudsman (FWO) has commenced legal action against a day care centre in Newcastle in relation to unpaid wages and entitlements for an educator who resigned from their position in May 2022. 

The regulator investigated after receiving a request for assistance from a casual educator employed by the company between June 2021 and May 2022, alleging that she hadn’t been paid for her final shifts in the two-week period before her employment ended.

After receiving and investigating the request for assistance an inspector from Fair work issued a compliance notice to the service in December 2022 after forming a belief it had underpaid the worker’s minimum entitlements, under the Children’s Services Award 2010.

The Fair Work Ombudsman alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the amounts owing to the worker.

As such, the FWO is seeking a penalty for the alleged failure to comply with the Compliance Notice. The service faces a penalty of up to $41,250.

The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation.

“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,” said Acting Fair Work Ombudsman Mark Scully.

“Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”

The first case management hearing is listed before the Federal Circuit and Family Court in Sydney on 7 September 2023.

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. An interpreter service is available on 13 14 50.