Australia's Workplace Ombudsman Nicholas Wilson announced today that workplace relations regulator has secured a penalty of AU$16,875 (US$14,800) against New South Wales childcare service provider, Active Kids Centres of Excellence for underpaying a worker more than $5000 - and then sacking her by SMS.
"Employers should heed this penalty and recognise that treating employees fairly means making sure they are paid correctly. It is outrageous to underpay any worker by $5000 but for a vulnerable worker it is especially onerous and will not be tolerated," Mr Wilson said.
The vulnerable low paid childcare worker was employed by Active Kids Centres For Excellence for 15 months and in that time was underpaid her wages, overtime, accrued annual leave, leave loading or sick leave entitlements and also did not provide payment in lieu of notice when they terminated her employment via text message.
In handing down the decision, Magistrate Hart of the Chief Industrial Magistrate's Court noted that while the employer had expressed contrition, pleaded guilty, repaid all the money owed and been given a consequent reduction in penalty, that the conduct of Active Kids Centre for Excellence was "far from excusable" and required general deterrence for other employers who may not be paying their workers fairly.
Nicholas Wilson said that the court's decision was another warning that employers should comply with community expectations and express contrition for breaching of workplace laws.
"It is not good enough to simply pay-up when confronted by the Workplace Ombudsman and expect to escape punishment entirely, but expressing sincere regret and coughing up the money serve employers who even inadvertently breach workplace very well," Mr Wilson said.
Posted to the site on 29th November 2007
Posted to: www.cellular-news.com/story/27765.php