Dietician business operator in court
The Fair Work Ombudsman has commenced legal action against the operator of a dietician business in Adelaide.
Facing court is Clarke Allied Work Pty Ltd, which operates ‘The Innovative Dietitian’, with outlets in Blackwood, Maylands and Edinburgh North.
The regulator investigated after receiving a request for assistance from a worker who was employed at the business’s Maylands outlet between August 2020 and June 2022, initially as a part-time dietitian and then as a full-time principal dietitian.
A Fair Work Inspector issued a Compliance Notice to Clarke Allied Work in September 2022 after forming a belief that the worker’s entitlements had been underpaid.
The Inspector formed a belief that the worker was not paid any wages for the final three weeks of work he performed, as owed under the Health Professionals and Support Services Award 2020, and was not paid accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Clarke Allied Work, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Acting Fair Work Ombudsman Kristen Hannah 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 Hannah said.
The FWO is seeking a penalty in court for the alleged failure to comply with the Compliance Notice. Clarke Allied Work Pty Ltd faces a penalty of up to $33,300.
The regulator is also seeking an order for the company to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayment amount in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 12 October 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.
