Stewarts Transport & Logistics, a Bendigo transport company, is been prosecuted by the Fair Work Ombudsman for underpaying a casual driver between February and April last year.
The Fair Work Ombudsman claims the driver was underpaid with regard to his casual loading, penalty rates and shift allowances and that Stewarts Transport & Logistics failed to keep proper employee records and comply with pay slip requirements.
The decision to prosecute was made because of the employer’s failure to rectify the matter despite repeated requests. The worker was only reimbursed the outstanding entitlements on the day the Fair Work Ombudsman lodged its Statement of Claim in the Court.
Facing court is Stewarts Transport & Logistics, its company director Rodney Stewart and former director Pamela Stewart. Documents lodged in the Federal Magistrate’s Court in Melbourne allege that Mr and Mrs Stewart were centrally involved in the driver being underpaid.
The Fair Work Ombudsman alleges that Stewarts Transport & Logistics and Mr and Mrs Stewart committed several contraventions of workplace relations laws.
The maximum potential penalty per breach is $33,000 for the company and $6600 each for Mr and Mrs Stewart in regards to underpaying the driver, and $5500 for the company and $1100 for Mrs Stewart for the employment record and payslip matters.
The case is listed for a directions hearing on 25 August.
SMBs without human resources staff can use the Fair Work online resource to ensure they are better equipped when hiring, managing and dismissing employees. The online resource also includes payslip and record-keeping templates and a self-audit checklist.