Hairdressing operator faces court for third time
The Fair Work Ombudsman has commenced legal action against the operators of a hairdressing salon in the Central Coast region of New South Wales – including one individual who is before the court for a third time.
Facing court is The Art of Hair–Bateau Bay Pty Ltd, which operates the ‘Art of Hair’ salon in the Bateau Bay Square shopping centre.
Also facing court are former company director Cheri Rance and the man allegedly responsible for the overall operation, management and control of the salon, Nelvin Lal.
It is the third time the Fair Work Ombudsman has taken legal action against Mr Lal.
In 2021, the Fair Work Ombudsman secured $68,440 in penalties against Mr Lal and a company he managed; and in 2014 the FWO secured $162,000 in penalties against Mr Lal and three hairdressing companies he operated.
The Fair Work Ombudsman also secured a $23,500 penalty in 2016 against a company formerly operated by Mr Lal.
The Fair Work Ombudsman investigated the current matter after receiving a request for assistance from an apprentice hairdresser who was employed at the Art of Hair salon between April 2021 and February 2022. She was aged 22 at the time.
A Fair Work Inspector issued a Compliance Notice to The Art of Hair–Bateau Bay Pty Ltd in July 2023 after forming a belief that the worker was not paid personal leave entitlements during her employment and was not paid accrued but untaken annual leave entitlements when her employment ended.
It is alleged the entitlements were owed under the Fair Work Act’s National Employment Standards and the Hair and Beauty Industry Award 2010.
The Fair Work Ombudsman alleges The Art of Hair–Bateau Bay Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and pay the worker’s entitlements.
It is alleged Ms Rance and Mr Lal were 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 make payments to workers,” Ms Booth said.
“It is particularly disappointing that Mr Lal has allegedly again been involved in workplace law breaches by a hairdressing business. He again faces a penalty for the alleged breach.
“Employers also need to be aware that taking action to protect against the exploitation of young workers is among our top priorities. 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. The Art of Hair–Bateau Bay Pty Ltd faces a penalty of up to $46,950 and Ms Rance and Mr Lal each face a penalty of up to $9,390.
The regulator is also seeking an order for the company to pay amounts allegedly owing to the employee, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 10 October 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 about their rights and obligations in the workplace. 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 and information is available for employees and employers at our apprentices and trainees, young workers and students and Hair and Beauty Industry Award webpages.
