Home nursing and care services company in court
10 March 2023
On 14 February 2023 the Fair Work Ombudsman discontinued these proceedings.
The Fair Work Ombudsman has commenced legal action against the operators of a business that provides home nursing and care services at various locations in Victoria.
Facing court are Angels Care (Australia) Pty Ltd and company director Geoffrey David Harrison.
The regulator began an investigation after receiving requests for assistance from two workers who had been employed by Angels Care (Australia) Pty Ltd as managers.
A Fair Work Inspector issued a Compliance Notice to Angels Care (Australia) Pty Ltd in May 2021 after forming a belief that the company had failed to pay the workers’ accrued but untaken annual leave entitlements when their employment ended in early 2021.
The inspector formed a belief that the workers were owed 299 hours and 123 hours of annual leave entitlements, respectively, under the National Employment Standards.
The FWO alleges Angels Care (Australia) Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to back-pay the workers’ entitlements. It is alleged Mr Harrison was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“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.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties against Angels Care (Australia) Pty Ltd and Mr Harrison for allegedly failing to comply with a Compliance Notice.
The company faces a maximum penalty of up to $33,300 and Mr Harrison faces a maximum penalty of up to $6,600.
The regulator is also seeking an order for Angels Care (Australia) Pty Ltd to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 29 April 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
