Former recruitment company in court
The Fair Work Ombudsman has commenced legal action against a former Gold Coast-based recruitment company and its general manager.
Facing court are Back Your Cause Pty Ltd, which traded as ‘BYC Recruitment’ in Bundall before it ceased operating, and the company’s general manager, Aaron Murray.
The regulator investigated after receiving a request for assistance from a worker the company employed as a full-time business development manager between July 2020 and November 2021.
A Fair Work Inspector issued a Compliance Notice to Back Your Cause in July 2022 after forming a belief the company had not paid the worker any wages for the final month of work she performed, owed under the National Minimum Wage Order 2021.
The inspector also formed a belief that the worker was not paid accrued but untaken annual leave entitlements at the end of her employment, owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Back Your Cause 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 Mr Murray 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 in court for the alleged failure to comply with the Compliance Notice. Back Your Cause Pty Ltd faces a penalty of up to $33,300 and Mr Murray faces a penalty of up to $6,660.
In addition, the regulator is seeking a court order for Back Your Cause to rectify the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 7 August 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.
Small businesses can find targeted resources at the Small Business Showcase.
