Former operator of cleaning business in court
29 May 2023
This matter was finalised in May 2023, with the Federal Circuit and Family Court imposing a penalty of $4,662 on Mr Jalloh for failing to comply with the Compliance Notice. The Court has also ordered Mr Jalloh to fully rectify the underpayment of the workers, plus interest and superannuation.
The Fair Work Ombudsman has commenced legal action against the former operator of a commercial cleaning business in western Sydney.
Facing court is sole trader Mohamed Musa Jalloh, who operated ‘Honourable Cleaning’ in Auburn, which is no longer trading.
The regulator began an investigation after receiving requests for assistance from two international students, a married couple from Nepal, who were employed by Mr Jalloh on a casual basis as cleaners between August and October in 2020.
A Fair Work Inspector issued a Compliance Notice to Mr Jalloh in January 2021 after forming a belief the workers were underpaid casual minimum wages, including casual loading, under the Cleaning Services Award 2020.
The Fair Work Ombudsman alleges Mr Jalloh, without reasonable excuse, failed to fully comply with the Compliance Notice, which required him to calculate and back-pay the workers’ entitlements in full.
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 Mr Jalloh, who faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Mr Jalloh to comply with the Compliance Notice, which includes rectifying the alleged underpayment amount in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 30 June 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.
