Former Perth pharmacy operators in court
The Fair Work Ombudsman has commenced legal action against the former operators of a pharmacy in Perth.
Facing court is Downings Pty Ltd, which formerly operated Fremantle Pharmacy in Fremantle, and the company’s sole director Joseph Lenny.
The regulator investigated after receiving a request for assistance from a worker Downings employed as a pharmacist between 2010 and 2023.
The worker was employed on a full-time basis for most of his employment period before moving to part-time.
A Fair Work Inspector issued a Compliance Notice to Downings in August 2023 after forming a belief the worker was not paid accrued but untaken annual leave entitlements owed at the end of his employment under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Downings, 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 Lenny was involved in the contravention.
Fair Work Ombudsman Anna Booth 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, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Downings Pty Ltd faces a penalty of up to $46,950 and Mr Lenny faces a penalty of up to $9,390.
The regulator is also seeking court orders requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Perth on 25 September 2024.
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. Employees can also seek information from their employer and their union, if they are a union member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
NOTE: Fremantle Pharmacy now has new operators. The Fair Work Ombudsman makes no allegations against the current operators of the business.
