Retail furniture company in court
21 August 2023
The Fair Work Ombudsman discontinued these proceedings in August 2023.
The Fair Work Ombudsman has commenced legal action against Hermesvilla Pty Ltd, a retail furniture company which has traded as Myka Home in the eastern Melbourne suburb of Nunawading.
The regulator began an investigation after receiving a request for assistance from a Melbourne-based worker who had been employed by the company as a casual delivery driver for a short period in July 2021.
A Fair Work Inspector issued a Compliance Notice to Hermesvilla Pty Ltd in November 2021 after forming a belief the worker was underpaid minimum wages, casual loading and overtime rates owed under the General Retail Industry Award 2020.
The Fair Work Ombudsman alleges Hermesvilla Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged the company also breached pay slip laws by failing to provide pay slips to the worker.
It is alleged that the worker is owed $888.60, plus superannuation.
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. Hermesvilla Pty Ltd faces a penalty of up to $33,300 for the alleged failure to comply with the Compliance Notice and a penalty of up to $66,600 for the alleged pay slip contravention.
The regulator is also seeking an order for Hermesvilla Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 1 December 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.
