Former shoe retailer penalised
The Fair Work Ombudsman has secured a total of $86,674 in penalties and back-pay orders in court against the former operators of a Sydney shoe retailer after they failed to back-pay a worker and issue pay slips.
The Federal Circuit and Family Court has imposed a $60,000 penalty against Winton Jacob International Pty Ltd and a $11,500 penalty against the company’s sole director, Winton Guo.
The company traded as ‘C de C Shoes’ with stores in the Sydney CBD and at Macquarie Park before the stores closed.
The penalties were imposed in response to Winton Jacob International failing to issue pay slips, and failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to a retail worker at the stores between November 2019 and June 2021.
Mr Guo was involved in the contraventions.
In addition to the penalties, the Court has ordered Winton Jacob International to back-pay the worker a total of $15,174, plus interest and superannuation.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties and back-pay orders,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to the company in December 2022 in response to the worker being underpaid minimum wages, weekend and public holiday penalty rates, and leave entitlements under the General Retail Industry Award 2010, the General Retail Industry Award 2020 and the Fair Work Act’s National Employment Standards.
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 or their union, if they are a 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. Information specific to migrant workers is available at our visa holders and migrants webpage.
