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The painting company must now pay over $20,000 in compensation after it underpaid and unfairly dismissed a migrant worker.
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Melbourne business penalised almost $60k for breaches
26 May 2023
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A Melbourne painting company has had a $57,000 penalty imposed on it after the FWO found the company had breached the rights of a migrant worker.
The federal circuit and family court set down a $47,952 penalty against Mehtaab Group Pty Ltd which operates the Paint Splash business based in Tarneit, as well as a $9,590.04 penalty against its sole director and shareholder Vikramjeet Singh Khalsa.
The FWO investigated the business after it received a request for assistance from the affected Indian international student and found the Mehtaab Group had failed to pay the worker’s accrued but untaken leave entitlements when it dismissed her.
The FWO issued the company with a compliance notice to calculate and back pay any outstanding annual leave entitlements when it laid her off, however, the Fair Work Commission found Mehtaab Group had also unfairly dismissed the worker.
The Commission ordered the company to pay the worker $21,491 in compensation plus superannuation within two weeks which it failed to do.
On top of the penalty imposed, the court also ordered Mehtaab Group to pay the outstanding Fair Work Commission compensation order for unfair dismissal, plus superannuation, and to calculate and back pay the annual leave entitlements owing to the worker.
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Fair Work Ombudsman Sandra Parker said the action should be a warning for others that the organisation was prepared to act against those who disobey compliance notices.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders and our compliance notices are complied with,” said Ms Parker.
“The Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation and entitlements they are lawfully entitled to.”
“Any employees with concerns about their pay or entitlements should contact the FWO for free advice and assistance.”
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